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Copyiighl  secured 


A    HISTORY 


OF   THE 


COMMONWEALTH 


OF 


KENTUCKY. 


BY  MANN  BUTLER,  A.  M. 


LOUISVILLE,  KY.: 

PUBLISHED  FOR  THE  AUTHOR  BY  WILCOX,  DICKERMAN  &  CO. 

PRINTED   BY    J.    A.    JAMES,   CINCINNATI. 

18  34. 


Entered  according  to  act  of  Congress,  in  the  year  1834,  by 
MANN  BUTLER,  A.  M., 
in  the  Clerk's  Office  of  the  District  Court  of  Kentucky. 


Stereotyped  by  J.  A.  James,  Cincinnati. 


DEDICATION, 

TO 

GENERAL   WILLIAM    CLARK, 

OF  THE 

STATE   OF   MISSOURI. 

Sir: 

Among  the  numerous  friends  whom  the  undertaking  of 
the  History  of  Kentucky  has  procured  for  me,  I  know  of  no 
one  who  has  conferred  such  signal  obligations  upon  me,  as 
yourself.  The  papers  of  your  illustrious  brother,  George  Rogers 
Clark,  so  liberally  placed  by  you  in  my  hands,  have  shed  most 
curious  and  interesting  lights  upon  the  affairs  of  the  western 
country;  and  particularly  of  Kentucky.  These  could  have  been 
procured  from  no  other  source. 

To  whom  then,  can  I  so  well  dedicate  this  History,  as  to  your- 
self, who  have  so  faithfully  preserved  some  of  the  most  precious 
memorials  of  our  history,  and  have  so  kindly  contributed  them 
for  the  public  information!  Were  this  not  the  case,  who  is 
so  properly  the  representative  of  the  pre-eminent  founder  of 
Kentucky,  and  the  successful  negotiator  for  its  Virginia  ac- 
knowledgement, as  his  only  surviving  brother] 

After  yourself,  allow  me  to  associate  your  ancient  friend  in 
arms,  General  William  H.  Harrison,  as  one  to  whom  the  author 
is  next  most  deeply  indebted,  for  interesting  illustrations  of  the 
early  military  movements  of  your  common  commander.  General 
Wayne,  as  well  as  for  the  elucidation  of  some  of  the  obscure 
vicissitudes  of  Indian  history. 

Be  pleased  then,  to  accept  this  dedication  of  this  work,   as 
a  testimonial  of  my  high  and  unfeigned  sense  of  the  obligations 
conferred  upon  the  great  community  of  the  west,  much  more 
than  on  my  humble  self,  in  your  generous  co-operation  with  my' 
historical  labors.     In  the  interim  I  have  the  honor  to  remain 
Your  obliged  friend, 

MANN  BUTLER. 


iWticol 


»: 


CONTENTS. 


CHAPTER  I. 

Earliest  condition  of  Kentucky— Iroquois,  or  Jlohawks,  known  in  1603— Early  seats- 
Progress  to  the  Mississippi  and  tiie  Illinois— Appeal  to  the  Colonial  Commissioners- 
General  Riaridock's  talk— Treaties  with  the  Enslish— Great  treaty  of  1768— OpmJon 
of  Supreme  Court  on  Indian  title— Opinions  of  General  Harrison— Treaties  of  1//4— 
1775—1785—1795  and  1819.  [page  1. 

CHAPTER  II. 

Policv  of  tiie  British  Government— Prociamation  of  17C3— Violations  of  it— Visit  of  Dr. 
Walker  in  1747— Xanie  the  Shawanee  river,  CumlK.'rland— Visit  of  John  Finley— of 
Daniel  Koone— Long  hunters— Visit  of  Capt.  Thomas  Bullitt  and  JIcAfees— Surveys 
of  Louisville— Simon  Keulon— Burning  of  Hendricks— Adventures  of  the  McAfees— 
JaoiPS  Harrod  settles  Karrodsburg— Battle  of  Point  Pleasant— Treaty  of  1774— Treaty 
of  1775 — Settlement  of  Booneshorouch  and  St.  Asaphs — ^Indian  jliethod  Of  sieie. 

[page  17. 

CHAPTER  III. 

First  visit  of  Clark  to  Kentucky— Visits  Harrodsiown — Cliosen  a  delegate  to  the  Vir- 
[jiiiia  Lesislature  with  Galiriel  John  Jones — Calls  on  Governor  Henry — Receives 
gunpowder  for  Kentucky — Procures  the  creation  of  Kentucky  county — Brings  gun 
powder  from  Fort  Pitt — Conceals  it  on  the  tanks  of  Limestone  creek — Blackf.sh 
attacks  Harrodstown — Singular  escape  of  Kay — Plans  approved  hy  Governor  end 
Council — Spies  in  Illinois— Arrives  at  the  Falls  of  Ohio— Eclipse  of  "the  Sun— Passes 
the  Fails — Reaches  Kaskaskia — Surprises  the  'own — Takes  Cahokia.  [page  35. 

CHAPTER  IV. 

Plan  azainst  St.  Vincents — ^Thanks  of  ^'irginia — St.  Vincents  revolts  from  the  British- 
er. Girault — Illinois  county — Negotiations  with  Sew  Orleans— Indian  negotiations. 

[page  58. 

CHAPTER  V. 

Recapture  of  St.  Vincents  hy  tl;e  Eriti^^l;— Plans  aaainst  -Americans— French  volunteers — 
J'arch  to  St.  Vinjeuts— -Capture—- Return  to  Kaskaskia.  [page  79. 

CHAPTER  VI. 

First  Court  of  Kentucky—Its  ofncers — First  Colonel—Siege  of  St.  Asapbs,  or  Loran's 
Station— -British  Proclamations—Capture  of  Boone  -Siege  of  Eoonesborough— -Land 
Law— Its  Commissioners.  [page  S8. 

CHAPTER  VII. 

Coloiel  David  Rogers'  Exje'^ition  to  .New  OrieaT^s— Defeat—Captain  Eenham  -Colonel 
Bowman's  Expedition:  -Colonel  Pyrd's  E.ypialition  up  Licking— General  George  Ro- 
cers  Clark's  inarch  from  Fort  JeSersor.-— .^huis  up  the  Land  office  at  Kanodsbura — 
Erpodition  against  Pickaway.  [pa.?e  1C2. 

CHAPTER  VIII. 

Kentucky  county  divided  into  Lincoln.  Fayeuc  and  Jtilerson— -Erection  cf  Fort  Jeffer- 
son on  the  Mississinpi— Spanish  and  Fien-li  inlrigue."?  at  Paris  against  thewcsteni 
hoinuia'-v  of  the  United  SMtes— -McKpc  and  Girty— -Vltack  on  Bryant's  Station  -Battle 
of  tlie  F'lio  Licks-  -Ex|)C(iition  of  General  Clark  to  the  Cliilicothcs  in  17P-2— -Early 
manners  and  state  of  the  nrif  in  Kentucky.  [page  116. 

CHAPTER  IX. 

Land  Titiej— Attempts  tn  sever  Kentucky  from  the  United  States— -John  Jay  resists 
tiieni— Supreme  District  Court  cstaWishcd— -James  Wilkinson-— Commerciai  Associa 
lion  in  Philadelphia--Scttlenieiit  of  Washiufflon.  in  Mason  county—Indian  ricprcrla 
tlons  --Fir.'=t  Convciiti.m— Vjr<nnia  azrees  to  a  senaration  of  Kentucity— Clark's  unfor- 
tunate e.xnedifion  in  17S3— -Colonel  Logan's  exiicdilioD.  fpa^c  13" 

A'-  5 


VUl  PREFACE. 

Gen.  James  Ray  of  Mercer  county,  a  living  chronicle  himself,  Captain  Gaines, 
of  'VVoodford,  and  Colonel  Vigo,  of  Vincennes,  has  been  derived  most  interest- 
j.ng  matter.  From  Gen.  William  H.  Hanison,  information  essential  to  a  critical 
estimation  of  Indian  traditions,  as  well  as  elucidating  the  decisive  campaigns  of 
General  Wayne,  has  likewise  been  received.  To  the  Hon.  Richard  M.  John- 
son, the  public  are  indebted  for  a  copy  of  the  treaty  of  fort  StauwLs,  of  1768. 
This  treaty  forms  the  corner-stone  of  our  conventional  relations  with  the  Indians ; 
it  conveyed  the  first  Indian  cession  of  the  soil  of  Kentucky,  as  far  south  as  the 
Tennessee,  Hogotege,  or  Cherokee  river.  It  has  been  procured  from  a  work  in 
the  library  of  Congress,  and  is  annexed  m  full,  as  a  part  of  the  appendix. 

In  fine,  the  author  may  honestly  say,  and  it  has  been  one  of  the  greatest  con- 
solations of  his  labors,  (not  a  little  embarrassing  in  a  country  destitute  of 
historical  repositories,)  that  he  has  been  favored  with  the  confidence  and  cor- 
respondence of  all  the  parties,  into  which  the  ardent  people  of  Kentucky  have 
been  so  keenly  divided.  He  tenders  to  them  all,  his  sincere  and  profound  ac- 
knowledgements of  obligations  conferred  not  in  consideration  of  his  humble  pre- 
tensions, but  of  the  pervading  interest  they  have  felt  in  the  history  of  the  State. 

It  may  be  interesting  to  collect  into  one  view,  the  printed  authorities  on  western 
history.  The  eariiest  printed  account  bearing  on  the  historj*  of  the  west,  is 
the  work*  of  Lewis  Heunepin,  who  in  1 680,  speaks  of  a  tribe  of  Indians  whom 
the  Illinois  called  the  "Oudebasche,"  and  records  the  descent  of  the  Mississippi, 
by  Monsieur  De  la  Salle,  in  the  same  year,  re-published  at  London  in  1698. 
In  another  place,  in  1682,  he  says,  "the  Ouabache  is  full  as  large  as  the  Mesa- 
chasipi." 

After  the  French  explorations,  comes  the  "histor}-  of  the  Five  Nations,  by 
Cadwallader  Colden,  Esq.,  one  of  his  Majesty's  Counsel,  and  Surveyor  General 
of  New  York."  The  only  edition  to  which  the  author  has  had  access,  is  the 
property  of  N.  M.  Hentz,  Esq.,  of  Cincinnati,  published  at  London  in  1750. 
It  embraces  the  histor}-  of  tliis  remarkable  confederacy,  from  1603,  to  the  treaty 
of  Lancaster,  Pennsylvania,  in  1746.  It  is  much  less  interesting  tlian  the 
author  supposed  it  to  be,  from  the  use  of  it  in  the  memorial  of  Dr.  Franklin  to 
the  King  in  Council,  which  is  contained  in  the  article,  'Ohio  Settlement,'  in  the 
fourth  volume  of  his  works.  The  joumalt  of  Major  Wasliington's  mission  up 
the  Alleghany  in  1753,  and  that  of  Colonel  Croghan's  descent  of  the  Ohio,  in 
1765,  next  present  themselves  in  point  of  curiosity,  and  superior  in  authenticity 
and  copiousness  of  detail.  There  is  also  a  "journal  by  Patrick  Kennedy,  giving 
an  account  of  an  expedition  undertaken  by  himself  and  several  coureurs  des  bois 
in  the  year  1773,  from  Kaskaskia  village,  to  the  head  waters  of  the  Illinois  river." 
It  is  solely  topographical,  and  is  to  be  found  annexed  to  an  edition  of '^Imlay's 
America,  London,  17f)7."  The  memoir  of  Boone,  dictated  to  John  Filson  in 
1784,  but  not  published  till  1793,  at  New  York,  and  the  glittermg  letters  of 

»  Notes  of  Dr.  D.  Drake,  o!)li;ingly  communicated  to  the  author 
t  Marshall's  WrisliinL'ton,  .\p[)cnilij,  vol.  1. 


PKEFACE.  IX 

Iinlay  annexed  to  the  topographical  description  of  the  second  author,  comprise 
the  earliest  publications  connected  with  western  history. 

To  these,  succeeded  the  history  of  Kentucky,  by  Humphrey  Marshall,  Esq., 
in  one  volume,  in  1812,  and  which  was  enlarged  to  two  volumes  in  1824. 
This  work  has  formed  the  substratum  of  the  author's  authority  for  the  current 
of  ordinary  events ;  not  without  considerable,  an*  as  it  is  believed,  important 
additions.  In  the  complexion  of  many  events,  as  well  as  the  character  of  most 
of  the  early  statesmen  of  Kentucky,  this  wock  differs  &om  that  of  Mr.  Marshall, 
wide  as  the  poles.  The  public  must  determine  between  him  and  the  author. 
Mr.  Mairshall  enjoyed  opportunities  of  cotemporary  intercourse  and  observation, 
which  the  author  freely  acknowledges  have  been  unrivalled.  Yet  while  saga- 
city and  orginal  information  are  fully  and  sincerely  accorded  to  the  primitive 
historian  of  Kentucky,  the  authci's  solemn  convictions  of  historical  duty  extort 
his  protest  against  the  justice  and  impartiality  of  the  representations  of  his  com- 
petitors in  public  life.  The  author  paiufully  feels  the  compulsion  of  making  this 
declaration ;  much  as  he  respects  the  talents  and  public  services  of  Mr.  Marshall, 
now  silvered  with  venerable  age.  Yet  he  owes  it  to  himself,  he  owes  it  to  that 
posterity,  who  may  feel  curious  to  investigate  the  conduct  of  their  ancestors,  to 
declare,  as  he  most  solemnly  does,  his  conviction  that  every  man  and  party  of 
men,  who  came  into  collision  with  Mr.  MarahuU  ur  his  friends,  in  the  exciting 
and  exasperating  scenes  of  Kentucky  story,  have  been  essentially  and  profoundly 
misrepresented  by  him,  however  unintentionally,  and  insensibly  it  may  have  been 
done.  The  contentions  between  this  gentleman  and  his  competitors  for  public 
honors,  have  been  too  fierce  to  admit  of  justice  to  the  character  of  either,  in 
each  others'  representations.  These  enmities  have  transformed  his  history  into 
a  border  feud^  recorded  with  all  the  embittered  feelings  of  a  chieftain  of  the 
marches.  Yet  his  picturesque  portraits  of  the  pioneers  of  Kentucky,  distinct 
from  party  influences,  have  ever  given  the  author  the  utmost  delight. 

But  to  have  been  opposed  to  Mr.  H.  Marshall  in  the  political  struggles 
of  Kentucky,  seems  to  have  entailed  on  the  actors,  a  sentence  of 
conspiracy,  and  every  dishonorable  treachery.  Our  Shelby,  Innes,  Wil- 
kinson, Messrs.  John  cmd  James  Brown,  Nicholas,  Murray,  Thomas 
Todd,  and  John  Breckenridge,  have  been  thus  unjustly  denounced  by  Mr. 
Marshall.  The  author  of  this  work,  appeals  from  this  sentence  of  an 
ancient  antagonist,  to  a  generation  which  has  arisen,  free  in  a  great  de- 
gree, from  the  excitements  of  the  times  in  qveslion.  Whether  he  has 
caught  an  opposite  impulse,  he  cheerfully  submits  to  the  verdict  of  his 
countrymen. 

The  author  cannot  conclude  this  preface,  without  apprising  the  reader  of  a 
most  injurious  mutilation  of  the  despatch  of  General  Wayne,  to  the  President 
of  the  United  States,  announcing  the  important  victory  over  the  Indians 
at  tlie  Rapids  of  the  Maumee,  on  the  20th  of  August,  1794.  This  mu- 
tilation   consists   in    omitting  five   important   passages,  substituting  and    in- 


X  PREFACE. 

terpolating  many  words.  The  pregnant  paragraph  omitted,  which  has  led 
Mr.  Marshall  as  well  as  the  author,  into  reflections  injurious  to  the  memory 
of  the  gallant  Wayne,  is  as  follows,  "The  bravery  and  conduct  of  every 
officer  belonging  to  the  army,  from  the  Generals  down  to  the  Ensigns, 
merit  ray  highest  approbation.  There  were  however,  some,  whose  rank 
and  situation  placed  their*  conduct  in  a  very  conspicuous  point  of  view, 
and  which  I  observed  with  pleasure,  and  the  most  lively  gratitude :  among 
whom  I  must  beg  leave  to  mention,  Brigadier  General  Wilkinson  and 
Colonel  Hamtramck,  the  commandants  of  the  right  and  left  wings  of  the 
legion,  whose  brave  example  inspired'  the  troops;  to  these  I  must  add  the 
names  of  my  faithful  and  gallant  aids  4e  camp.  Captains  De  Butts  and 
T.  Lewis,  and  Lieutenant  Harrison,  who,  with  the  Adjutant  General, 
Major  Mills,  rendered  the  most  essential  service  by  communicating  my  or- 
ders in  every  direction,  and  by  their  conduct  and  bravery  exciting  the 
troops  to  press  for  victory."  Thus,  so  far  from  not  "distinguishing  Wil- 
kinson," or  "ungenerously  omitting  him,"  as  mentioned  by  the  author,  Gen- 
eral Wayne  mentions  all  his  gallant  officers,  Hamtramck,  Captams  De 
Butts,  T.  Lewis,  Lieutenant  W.  H.  Harrison,  and  the  Adjutant  General, 
Major  Mills. 

The  sources  of  this  mutilation,  the  author  cannot  trace ;  his  own  copy  of  the 
despatch  is  contained  in  a  collection  of  public  tlornments  entitled  "In- 
dian wars,"  compiled  by  Metcalf;*  another  copy  to  which  he  has  had 
access,  is  contained  in  a  work  entitled  "History  of  the  discovery  of  Ameri- 
ca, &c.,  by  Henry  Trumbull^"  published  at  Boston,  the  native  city  of 
Major  Mills,  by  Stephen  Sewell,  1819.  The  copy  right  taken  out  is 
dated  in  181L  The  above  extract  is  from  the  Casket  of  1830,  published 
\vith  the  approbation  of  Isaac  Wayne,  Esq.,  the  son  of  the  General;  and 
enriched  with  many  original  papers.  It  is  too  important  to  omit,  that 
General  Wayne  had  positive  authority  from  President  Washington,  to  at- 
tack and  demolish  the  British  fort  of  Miamis.  But  on  reconnoitering  it 
closely,  and  discovering  its  strength,  added  to  his  own  weakness  in  artil- 
lery, the  General,  with  a  prudence  not  always  accorded  him,  most  judi- 
ciously declined  an   attack. 

In  this  daring  reconnoiter,  the  General  was  near  falling  a  victim  to  his 
gallantry.  He  had  rode  within  eighty  yards  of  the  fort,  accompanied  by 
his  aid.  Lieutenant  William  H.  Harrison,  and  within  point  blank  shot  of 
its  guns,  when  a  considerable  disturbance  was  perceived  on  the  platform  of 
the  parapet.  The  intelligence  of  a  deserter  the  next  day  explained  the 
whole  affair.  It  appeared  that  a  Captain  of  marines,  who  happened  to  be 
in  the  garrison  when  General  Wayne  made  his  approach,  resented  it  so 
highly,  that  he  immediately  seized  a  port  fire,  and  was  going  to  apply  it 
to  the  gun.     At  this  moment   Major  Campbell,  the  commandant,   drew  his 

♦  Dr.  Metcalf,  It  is  believed,  now  of  New  York. 


PBEFACE.  »  XJ 

sword  and  threatened  to  cut  the  Captain  down  instantly,  if  he  did  not 
desist*  he  then  ordered  him  to  be  anested,  and  addressed  the  officer-like 
note  to  General  Wayne,  mentioned  in  the  text.  This  high  minded  for- 
bearance, in  all  probability,  saved  the  life  of  General  Wayne,  with  his 
suite,  and  possibly  the  peace  of  the  United  States. 

In  conclusion,  the  author  will  only  add  that,  any  errors  of  omission  or 
commission,  (which  he  is  confident  he  must  have  made,)  that  may  be 
pointed  out  to  his  conviction  shall  be  faithfully  attended  to.  Should  the 
public  reception  justify  a  continuation  of  the  work  to  recent  times,  the 
author  will  readily  prosecute  it  to  the  utmost  of  his  limited  powers. 
The  facilities  granted  by  the  legislature,  in  giving  him  the  free  use  of 
the  circhives  of  the  State,  will  give  him  additional  sources  of  authentic 
and  minute  information. 

Louisville,  ^pril,  24,  1834. 


HISTORY  OF  KENTUCKY. 


CHAPTER  I. 


INTRODUCTION. 


'^rliest  condition  of  Kentuck.v — Iroquois,  or  Mohawks,  known  in  160^ — Early  seals — 
Progress  to  the  Mississippi  and  the  Illinois — Appeal  to  the  Colonial  Commissioners — 
General  Braddock's  talk — Treaties  with  the  English— Great  treat}-  of  1768— OpinioR 
of  Supreme  Court  on  Indian  title — Opinions  of  general  Harrison — Treaties  of  1774 — 
1775—1785—1790  and  1818. 

That  part  of  the  United  States,  now  so  proudly  intertwined 
with  their  history,  as  the  State  of  Kentucky,  has  successively 
been  the  theatre,  and  the  prize,  of  military  contention,  from 
the  earliest  glimmerings  of  Indian  tradition,  to  the  Virginiu 
conquest.  This  statement  is  drawn  from  the  most  authentic 
memorials  of  colonial  history.  The  ^French  historians  tell  u.«, 
that  when  they  settled  in  Canada  in  1G93,  the  Iroquois  as  they 
were  termed  by  the  French,  but  who  were  more  familiarly  known 
to  the  English  by  the  name  of  Mohawks,  lived  on  the  St.  Law- 
rence, where  Montreal  is  now  built;  above  the  mouth  of  the 
Iroquois  river,  now  called  Sorrel,  and  on  lakes  Sacrament,  or 
George,  and  Iroquois,  or,  as  it  is  better  known,  as  Lake  Cham- 
plain.  This  being  the  earliest  account,  any  Europerais  have 
of  these  Indians,  the  country  just  described  may  well  be  con- 
sidered as  their  earliest  seats.  The  geograpliical  names  in- 
deed, confirm  the  ascendency  of  these  tribes,  in  the  region 
assigned  to  their  dominion.  From  these  territories,  the  Mo- 
hawks extended  their  conquests  on  both  sides  of  the  St.  La>\  - 
rcnce,  above  Quebec,  and  on  both  sides  of  the  lakes  Ontario. 

-»  Prfsent  state  of  North  America,  nolsliy,  17,"(."i,  p.  14,  18, '20.  Comnmnicatod  !>y  tlii; 
politencsfi  of  Isaac  Ncwiiall,  Esq.  of  Salem,  .Matsarhuictts,  from  the  Historical  Roon,* 
in  that  City,  derived  from  Coldcn'i  Five  Nations,  and  confinued  by  thie  btter  work. 

A 


il  nisTOEv  OP  KEN'xrcEir, 

Erie  and  Huron.  In  this  career  of  conquest,  with  a  magnanimity 
and  s^agacious  spirit  worthy  of  the  ancient  Romans,  and  supe- 
rior to  all  their  cotemporary  tribes,  they  successively  incor- 
porated  the  victims  of  their  arms,  with  their  own  confederacy. 
Under  this  comprehensive  policy,  some  of  their  greatest 
sachems  are  said  to  have  sprung  from  conquered  but  concilia- 
ted confederates. 

In  1672  these  tribes  are  represented  as  having  conquered 
the  Oillinois  cr  Illinois  residing  en  the  Illmois  river;  and  they 
are  likevv'ise  at  the  same  time,  said  to  have  conquered  and 
incorporated  the  Satanas,  the  Chawanons  or  Shawanons,  whom 
they  had  forinerly  driven  from  the  la.kes.     To  these  conquests, 
they  are  said  by  the  same  high  authority,  to  have  added  in 
iGS5,that;  of  the  Twightwces,  as  they  are  called  in  the  Journal 
of  Major  Washington  to  Gov.  Dinv.iddie,  of  Virginia.     These 
tribes,  are  at  this  day,  more  generally  known  as  the  Miamis, 
and  they  lived  on  the  river  St.  Jerome,  as  the  Wabash  was  first 
called  l)y  the  French.  About  the  same  time,  the  Mohawks  carried 
their  victorious  "arms  to  the  Illinois  and  Mississippi  rivers  west- 
v/ard,  and  to  Georgia  southward."     *About  1711,  they  incor- 
porated the  Tiiscaroras,  v>iicn  driven  from  Carolina,  and  they 
continue  at  this  day,  to  constitute  a  part  of  this  once  memora- 
ble confederacy;  forming  the  sixth  nation,  and  thus  changing 
the  name  of  their  union,  from  the  Five  Nations  to  that  of  the 
Six.     The  rifc  and  progress  of  these  most  remarkable  tribes, 
have  worthily  employed  tlic  pens  of  several  historians,  both 
French  and  English;  they  have  even  seduced  the  mind  of  Dc 
Witt  Clinton,  from  the  cares  of  the  great  State  of  New  York, 
to  investiga'.e  the   history  of  her   most  ancient  and  faithful 
allies.    To  this  summary,  other  authorities  may  well  be  added, 
on  a  point,  so  vital  to  tlie   early,  history  of  Kentucky,  and  of 
Western  America.     This  becomes  more  necessary,  since  the 
connection  of  these  tribes  with  the  history  of  Kentucky,  has 
escaped  the  notice  of  all  our  recent  writers.     Even  the  emi- 
nent biographer  of  our  illustrious  Washington,  .=ccms  to  havt 
neglected  these  annals,  in  their  relations  to  our  colonial  history. 

♦TLUcI.cr's  Lives  of  Ihe  Indians,  p.  39. 


HISTORY   OP    KEXTrCKY.  3 

Yet-,  it  could  not  be  from  any  dubious  or  unimportant  charactei-, 
which   attaches   to  them,    since    they  are  derived  from  the 
highest  colonial  authorities  and  embrace  the  treaty  history  oi' 
Western  America.      The  tribes  in  question,  says  Governor 
Pownal  in  his  "Administration  of  the  British  Colonies,"  about 
1664,  carried  their  arms,  as  far  south  as  Carolina,  and  as  far 
west  as  the  Mississippi,  over  a  vast  country,  which  extended 
twelve   hundred   miles  in  length,  and   about  six   hundred  in 
breadth;  where  they  destroyed  whole  nations,  of  whom  there 
are  no  accounts  remaining  among  the   English.     "The    rights 
of  these  tribes,"  says  the  same  respectable  authority,  "to  the 
hunting  lands  of  Ohio,  (meaning  the  river  of  that  name)  may 
be  fairly  proved  by  the  conquest  they  made  in  subduing  the 
Shavanocs,  Delawares,  Twictwees,  and  Oillinois,  as  they  stood 
possessed  thereof,  at  the   peace  of  Ryswick   in   IGQiy     In 
further  confirmation  of  this  Indian  title,  it  must  be  mentioned, 
that  Lewis  Evans,  a  gentleman  whom  Dr.  Franklin  compli- 
ments, as  possessed  "of  great  American  knowledge,"  repre- 
sents in  his  m^p  of  the  middle  colonies  of  Great  Britain  on 
this  continent,  the  country  on  the  south-easterly  side  of  the 
Ohio  river,  as  the   hunting  lands  of  the  Six  Nations.     In  his 
analysis  to  his  map,  he  expressly  says,  *  "that  the  Shawanese 
who  were  formerly  one  of  the  most  considerable  nations  of 
these  parts  of  America,  whose  seat  extended  from  Kentucke, 
soutb-westward  to  the  Mississippi,  have  been  subdued  by  the 
confederates,  (or  Six  Nations)  and  the  country  since  become 
their  property," 

This  chain  of  testimony  is  corroborated  by  the  statements  of 
the  Six  Nations  to  the  commissioners  of  the  provinces  of  Penn- 
sylvania, Virginia,  and  Maryland,  at  an  Indian  council  held 
v/ith  them  in  1744.  When  at  this  meeting,  the  Indian  Chiefs 
were  called  upon  by  the  colonial  commissioners  "to  tell  what 
nations  of  Indians  they  had  conquered  lands  from  in  Virginia, 
and  to  receive  satisfaction  for  such  lands,  as  thev  had  a  ri^ht 
to;"  they  are  said  by  Dr.  Franklint  to  have  made  this  reply: 

*  Franklin's  Works,  vol.  4.  f  Franklin's  Works,  vol.  4,  271.  Oliscrvations  on  the  con- 
lucl  of  the  French,  dedicated  to  Win.  Shirley,  Gov.  Boston,  1753;  p.  4. 


4  HISTOKY  aV   KENTUCKY. 

"All  the  world  knows-,  that  W6  conquered  the  several  nationis 
Jiving  on  the  Susquehannah,  Cohongoranto  (now  Potomack) 
and  back  of  the  Great  Mountains  in  Virginia  j"  "we  conquered 
the  nations  residing  there,  and  that  land,  if  the  Virginians  ever 
get  a  good  right  to  it,  it  must  be  by  us." 

These    tribes   had    previously,   as  early  as    1701,    placed 
themselves  under  the   protection  and   government  of  Great 
Britain.     In  their  deed,  or  treaty  of  the  4th  of  September,  1726^ 
they  confirmed  this  disposition  of  their  country.     Calculating 
implicitly  on   this  acknowledgment,    General  Braddock,  when^ 
in  1755,  he  came  over  to  command  one  of  the  military  expe- 
ditions, directed  against  the  French  intruders  upon  the  very 
<)hio    lands    in    question,  issued    suitable    instructions   to  Sir 
William  Johnson.     This  gentleman  was  the  celebrated  Indian. 
Agent  of  the  British  government,   among  the  Mohawks.     By 
these   directions    he    was   required   to  call  the   Five   Nations 
together,  to  lay  before  them  the  above  grant  to  the  King  in 
1726;  by  which  they  had  placed  all  their  hunting  lands  under 
his  Majesty's    protection,  to  be  "guarantied  to  them  and  to 
their  vseP     The  general  then,    after  alleging  the  invasion  of 
the  French,  and  their  erecting  forts  upon  these  lands,  "contrary 
to  the  said  deed  and  treaties;  calls  upon  them  in  his  name,  to 
take  up  the  hatchet,  and  come  and  take  possession  of  their  own 
lands^     These  Indian  claims  are  solemnly  appealed  to  in  a 
diplomatic  memorial,  addressed  by  the  British  ministry  to  the 
Duke  Mirepoix,  on  the  part  of  France,  on  the  7th  June,  1755. 
*"It  is  a  certain  truth,"  this  memorial  states,  "that  they"  (mean- 
ing the  countries  possessed  by  the  Five  Nations)  "have  be- 
longed, and  as  they  have  not  been  given  up,  or  made  over  to- 
the  Engli.sh,  belong  still  to  the  same   Indian  nations."     The 
(.(Mirt  of  Great  Britain  maintained  in  this  ncgociation,  ]  "that 
the  Five  Nations  were  by  origin,  or  by  right  of  conquest,  the 
lawful  proprietors  of  the  river  Ohio,  and  the  territory  in  ques- 
tion." 

In   pursuance   of  this   ancient  aboriginal  title,  the    author 
may  not  omit  the  testimony  of  Dr.  Mitchell,  who,  at  the  solici- 

*FrankIin'a  Worku,  ante.    flJcm.    JStatc  Pap':r8,  vol.  x.  15. 


HISTORY   OP  KENTUCKY.  5 

tatkm  of  the  British  Board  of  Trade  and  Plantations,  published 
a  Map  of  North  America,  and  was  furnished  for  this  purpose, 
with  documents  from  the  Colonial  Office.  In  this  map,  the 
same  which  the  elder  Adams  mentions,*  as  the  one  by  which 
the  boundaries  in  the  treaty  of  Paris  of  1783,  were  adjusted; 
the  Doctor  observes,  "that  the  Six  Nations  have  extended  their 
territories  ever  since  the  year  1672,  when  they  subdued,  and 
were  incorporated  with,  the  ancient  Shawanese,  the  native  pro- 
prietors of  these  countries.  Besides  which,  they  likewise 
claim  a  right  of  conquest  over  the  Illinois  and  all  the  Missis- 
sippi, as  far  as  they  extend."  This,  he  adds,  "is  confirmed  by 
their  own  claims  and  possessions  in  1742,  which  include  all  the 
bounds  here  laid  down  (meaning  on  his  map,)  and  none  have 
ever  thought  fit  to  dispute  them."  Such  faith  did  the  British  go- 
vernment and  their  agent.  Sir  William  Johnson,  repose  in  this 
Indian  title,  that  in  October,  17G8,  agreeably  to  ministerial 
instructions  solicited  by  Pennsylvania,  "through  Dr.  Franklin, 
it  was  purchased  of  its  holders,  the  Six  Nations,  for  £10,400 
7s.  6d.  sterling.  This  Indian  treaty  was  held  at  Fort  Staawix, 
afterwards  denominated  Fort  Schuyler,  and  now  included  in 
the  township  of  Rome,  on  the  Erie  canal,  in  the  state  of  New 
York.  At  this  meeting,  so  memorable  in  the  annais  of  the 
west,  the  Six  Nations  declared  to  the  agent,  eminent  for  his 
knowledge  of  Indian  concerns,  that  "you  who  know  all  our 
aflairs,  must  be  sensible,  that  our  rights  go  much  further  to  the 
south  than  the  Kcnhawa,  and  that  we  have  a  very  good  and 
clear  title,  as  far  south  as  the  Cherokee  river,  which  we  cannot: 
allow  to  be  the  right  of  any  other  Indians,  without  doing  wrong 
to  our  posterity,  and  acting  unworthy  of  those  warriors  who 
fought  and  conquered  it;  we  therefore,  expect  this  our  vight, 
will  be  considered."  In  1781,  f  Colonel  Croghan  who,  for 
thirty  years  had  been  deputy  superintendent  among  the  Six 
Nations,  deposed,  "that  these  Indians  claimed  by  right  of  ecu- 
quest,  all  the  lands  on  the  south-east  side  o*"  the  Ohio,  to  the 
Cherokee  river,  and  on  the  west  side,  down  to  the  Big  ^liami. 
otherwise  called  Stony  river."     This  title,  as  has  been  mcn- 

*Statc  Papeis,  vo!.x,I3.    tHaywood's  Tennessee,  p.  322. 

A* 


"  HKTOKY  OF  XEJVTPcKf. 

tioncd,  was  alienated  to  the  British  Cro.vn  in  the  treaty  to 
which  reference  has  just  been  had.  The  Cherokee  river 
mentioned  in  this  cession,  was  also  called  the  Hogotege*  in  the 
treaty,  and  is  now  known  as  the  Tennessee  river.  The  first 
of  these  names  is  used  convertibly  with  Tennessee,  by  the 
legislature  of  Virginia  in  their  resolutions  of  1778,  "and  again 
in  the  celebrated  land  law  of  1779,  as  well  as  in  Filson's  To- 
pography of  Kentucky,  compiled  in  1784.  It  is  hoped  that  be- 
Ibre  the  termination  of  (his  history,  some  more  minute  account 
of  this  remarkable  treaty  may  be  obtained  from  the  enquiries, 
so  courteously  promoted  by  Governor  Breathitt  of  Kentucky, 
and  addressed  to  the  government  of  our  parent  State.  Yet 
the  hope  is  but  faint,  unless  the  enquiry  shall  be  pursued  i'» 
the  Colonial  Office  in  London,  since,  on  application  of  secreta- 
ry Jefferson,  in  1793,  to  Governor  Clinton  of  New  York,  for 
copies  of  all  Indian  treaties  r.egociated  during  the  colonial 
government;  it  was  replied,  that  on  the  rupture  of  the  revolu- 
tion, the  British  Superintendent  for  Indian  affairs,  had  taken, 
away  all  the  papers  belonging  to  his  department. 

Thus  far  the  aboriginal  title  to  Kentucky  has  been  traced 
to  its  transfer  to  the  British  crown ;  and  although,  as  a  matter 
of  convention,  and  a  question  of  treaty  obligation,  it  seems 
well  founded;  yet  it  is  not  quite  conclusive  against  the  tribes 
west  of  the  Six  Nations.  In  the  fluctuations  so  peculiarly  inci- 
dent to  savage  society,  one  tribe  successively  succeeds  to  the  do- 
minion, and  the  rights  of  its  feebler  neighbour;  and  in  the  weak- 
ness consequent  upon  the  approach  of  the  dense  population  of 
i:''ricultural  society,  while  one  nation  fades  before  the  white 
man,  another  formerly  tributary,  resumes  the  paramount  au- 
ihori^N',  which  had  been  lost  by  its  conqierors.  In  this  manner, 
the  north-western  tribes,  who  seem  to  have  been  conquered  by 
the  Mohawks  in  ancient  times,  appear  to  have  succeeded  to  the 
rlgU;s  of  their  conquerors,  when  their  former  masters  had  lost 
the  predominancy,  which  they  certainly  pcsscssed  during  U)c 
war  of  1755.  Since  our  countrymen  have  been  particularly 
ccquain!ed  with  the  north-wcs'ern  Indians  and  have  under- 

*IIaywocd'i  History  of  Tcunc-asoc,  031-2.     JHcnniii:;'*  S'.aturcsat  larje,  3,  1779. 


HISTORY   OF   KENTCCKY.  » 

stood  their  titles  and  fluctuating  dominions,  the  Miami  confede- 
racy, or  as  they  designated  it,  the  Mi-a-mi-ah,  have  occupied  the 
country  between  the  Ohio,  the  lakes  and  the  Mississippi,  as  far 
east  as  the  Scioto.  General  Harrison,  to  whose  curious 
inquiries  the  country  is  particularly  indebted  for  information 
on  this  subject,  gives  this  account  in  his  valuable  letter  to  Sec- 
retary Armstrong,  in  1814.  *"They  (meaning  the  Miamis) 
have  no  tradition  of  removing  from  any  other  quarter  of  the 
country;  whereas  all  the  neighboring  tribes,  the  Piankishaws 
excepted,  who  are  a  branch  of  the  Miamies,  are  either  intru- 
ders upon  them,  or  have  been  permitted  to  settle  in  their  coun- 
try." "The  claims  of  the  Miamies  were  bounded  on  the  north 
and  west  by  those  of  the  Illinois  confederacy,  consisting 
originally  of  five  tribes,  called  Kaskaskias,  Cahokias,  Peo- 
rians,  Michiganians,  and  Temarois,  speaking  the  Miami  lan- 
guage, and  no  doubt,  branches  of  that  nation." 

In  the  above  war  between  France  and  Great  Britain,!  the 
Indians  inhabiting  the  countries  between  the  rivers  Mississippi, 
Ohio  and  Miami,  were  known  by  the  name  of  the  Western  Con- 
federacy, and  were  the  allies  of  the  former;  while  the  Six 
Nations  were  attached  to  the  latter,  and  were  denominated  the 
Northern  Confederacy.  JOn  the  termination  of  this  war,  tlie 
Kaskaskias,  under  the  mediation  of  the  British  govemmen  , 
iurmed  a  treaty  of  peace  with  tlte  Iroquois.  The  former  tribe, 
including  the  tribes  between  the  Wabash  and  the  Mississippi, 
had  previously  separated  from  the  rest  of  the  confederacy;  for 
indeed  the  nature  of  Indian  society,  forbids  the  continuance 
of  any  large  population  together;  and  hcn?e  its  endless  rami- 
fication. The  Illinois  tribes  had  been  driven  from  their  po.'-- 
.^cssions  on  Lake  Michigan,  and  had  been  nearly  extirpated  by 
the  Sacs  or  Saukics,  before  the  close  of  our  revolutionary  war. 
But  all  the  traditional  accounts  of  the  north-western  Indian.e, 
represent  tlie  country  now  composing  the  S:atc  of  Indiana  and 
that  of  Ohio  west  of  the  Scioto,  to  have  been  occupied  by  the 
Miami  confederacy.     The  occupation  of  the  country  en  the 

♦McAfee's  History,  p.  43.    tWlieaton's  Usports,  Juhnson  asainst  McIntOi!).    J  Ccn. 
EairicOi."*  jlfit'.e:  to  thcAuihor. 


8  HISTORY  OF  KESrruCKY. 

Scioto  and  the  Miamis  of  the  Ohio  by  the  Delawares  and 
Shawnees,  was  on  the  same  authority,  of  more  recent  date,  and 
by  the  permission  of  the  Miamis.  The  Wyandots  were  the 
most  easterly  of  these  nations,  and  had  long  before  th-e  revo- 
lutionary war,  carried  on  hostilities  w  ith  the  Mohawks.  One 
battle  fought  in  canoes  near  Long  Point,  on  Lake  Erie,  was  so 
fatal  to  the  Wyandots,  as  to  have  compelled  the  remnant  of 
their  tribe  to  remove  to  Lake  Michigan.  The  precise  date  of 
these  events,  cannot  now  be  ascertained ;  but  sometime  before 
the  close  of  the  revolution,  the  Wyandots  were  found  in  their 
ancient  seats  about  Sandusky  river.  Their  numbers  were  not 
formidable,  but  their  character  for  valor  was  so  distinguished, 
that  they  obtained  the  custody  of  the  great  calumet,  which  was 
the  emblem  of  the  confederacy  of  nine  tribes,  formed  by  British 
influence  against  the  United  States,  and  terminated  only  by  the 
victory  of  Wayne,  at  the  rapid&of  the  Maumee  in  1794.  The 
return  of  this  tribe,  was  in  all  probability,  the  result  of  British 
mediation,  after  their  conquest  of  Canada.  The  Senecas,  the 
most  western  of  the  Six  Nations,  had,  at  one  time,  extended 
themselves  as  far  as  the  Sandusky  river,  and  possessed  a  town 
upon  it,  which  bore  their  name.*  This  is  the  farthest  western 
settlement  of  the  Six  Nations  known,  independent  of  the  ac- 
counts of  the  colonial  writers,  which  have  been  quoted;  now 
had  they  conquered  the  Wyandots,  still  this  trfbe  have  not  been 
discovered  to  have  had  any  pretensions  to  Kentucky,  beyond 
the  ether  coterminous  bands.  Within  the  personal  knowledge 
of  our  countrymen  since  the  war  of  1755,  Kentucky  has  not 
been  in  the  occupancy  of  any  tribe.  There  are  indeed 
through  it,  as  all  over  the  western  country,  indications  of  a 
race  of  people  having  existed,  much  more  advanced  in  the  arts, 
than  the  tribes  known  to  us;  but,  whose  history  is  but  a  tissue  of 
I'aint  and  disjointed  conjectures,  like  that  of  innumerable  tribes 
all  over  the  globe,  who  have  been  destitute  of  letters  and  the 
use  of  the  metals.  Without  these  foundations,  civilization 
has  neither  fruits  to  record,  nor  instruments  to  perpetuate 
their  memory.     Our  hunters  from  1707  in  their  various  pere- 

»Gcncral  Harrison  had  his  licad  quarters  at  thid  poiut  duriu;  the  lata  war. 


•fflSTORY   OP   KENTTTCKT.  9 

Igrinations  through  the  territory,  since  denominated  Kentucky, 
met  with  no  marks  of  a  modern  Indian  town  within  the  whole 
-extent  of'  the  country.  The  villages  of  Indians  known  to  have 
been  nearest  to  Kentucky,  were  on  the  Scioto  and  the  Miamis 
of  the  Ohio  in  the  north,  and  on  the  waters  of  the  Tennessee 
river  in  the  south.  From  these  points,  the  various  war  and 
hunting  parties  issued  to  engage  in  the  one  or  the  other  pur- 
suit, as  the  passions,  or  the  opportunities  of  their  expeditions 
might  lead.  Here,  the  Chickasaws  and  Cherokees  of  the  south, 
used  to  engage  with  various  tribes  of  the  Miami  confederacy; 
here  they  indulged  their  passions  for  himting,  in  the  profusion  of 
-^me  aflforded  by  Kentucky.  So  much  was  this  ground  ex- 
empt.cd  from  settleuiont,  that  on  neither  the  Ohio  nor  the  lower 
Tennessee,  are  any  Indian  towns  known  to  have  been  settled. 
Yet  no  situations  have  generally  delighted  savage  tribes  so 
much,  as  the  margins  of  water  courses;  the  opportunities  of 
navigation  and  of  fishing,  unite  to  attract  them  to  such  spots. 
Accordingly  the  banks  of  most  of  our  western  rivers,  e.xcept- 
ing  those  of  Kentucky,  (although  they  abounded  in  game  and 
in  salt  licks,)  were  found  occupied  by  the  native  tribes  of  the 
forests. 

There  is  another  circumstance  suggested  by  Gen.  Harrison, 
Avhich  confirms  the  modern  limitations  of  the  Six  Nations, 
whatever  may  have  been  their  ancient  ascendency.  The  chief 
«eat  of  the  Miamis  was  the  scite  of  Fort  Wayne,  between  the 
St.  Joseph's  and  the  St.  Mary's.  Had  the  Six  Nations  achieved 
any  great  recent  success  over  the  Miamis,  they  would  in  all 
probability,  have  forced  them  from  this  fiivorite  spot,  which  is 
the  key  to  the  country  below;  and  the  defeated  tribes  would 
have  been  driven  on  their  confederates  upon  the  lower  Wabash. 
This,  however,  was  not  their  location. 

That  long  and  obstinate  wars  subsisted  between  the  Iroquois 
and  their  immediate  western  neighbors,  about  the  middle  of  the 
last  century,  derives  much  probability  from. another  circum- 
stance. *The  French  for  fifty  years,  used  no  route  to  their 
};'Os^Q!>sions  on  the  Mississippi,  but  the  circuitous  one  by  lakes 

♦Letter  of  Gen.  Harrison. 


10  HISTORY  OP   KE^'TIrCKY. 

Erie  and  Michigan,  and  the  Fox  and  Wisconsin  rivers.  This 
distant  embarrassed  course  of  communication,  could  not  have 
been  resorted  to,  from  their  ignorance  of  the  more  direct  route, 
by  the  Maumee  and  the  Wabash.  It  is  therefore  to  be  pre- 
sumed, that  the  prevalence  of  wars  between  the  adjacent  tribes, 
prevented  them  from  passing  over  this  belligerent  ground.  It 
was  not  till  about  1745,  that  Capt,  De  Vincennes  accompanied 
by  a  Jesuit,  accomplished  the  passage  by  this  latter  route. 
Some  time  before  this  period,  the  Wyandots  probably  returned: 
and  peace  having  been  made  with  the  Six  Nations,  the  country 
v/as  opened  to  the  enterprises  of  the  French,  as  has  been  seen. 
No  treaties  made  with  the  north-v/estern  Indians  directly,  are 
known  to  exist  in  our  imperfect  colonial  records,  previous  to 
the  treaty  of  1774,  between  Lord  Dunmorc  and  the  Shawanee?, 
if  even  this  has  been  preserved. 

The  nature  of  this  treaty,  the  author  has  been  unable  to  as- 
certain with  any  precision  from  any  accessible  records.  Thero 
is  a  brief  notice  of  its  purport,  in  Burk's  Virginia,*  which 
represents,  that  peace  was  made  by  the  royal  governor  with 
the  Shawnees,  on  "condition  that  the  lands  on  this  side  of  th6 
Ohio,  should  be  forever  ceded  to  the  whites;  that  their  pris- 
oners should  be  delivered  up,  and  that  four  hostages  should  be 
immediately  given  for  the  faithful  performance  of  these  condi-> 
tions,"  Such  a  treaty  appears  at  this  day,  to  be  utterly  beyond 
the  advantages  which  could  have  been  claimed  from  Dunmore's 
expedition.  The  principal  blow  had  been  struck  by  the  left 
wing  of  his  army  apart  from  him,  at  the  bloody  battle  of  Point 
Pleasant,  in  which,  under  Gen.  Andrew  Lewis,  with  the  choicest 
spirits  of  the  western  backwoodsmen,  the  Indians  fought  v/ith  an 
open  resolution  worthy  of  their  highest  military  fame,  although 
they  retreated.  Gov.  Dunmorc  crossed  the  Ohio  seventy-five 
miles  above  the  mouth  of  Kenhawa,  and  ordered  Lewis  to  join 
him,  at  the  Indian  towns  eighty  miles  from  the  river.  Hero  but 
little  fighting  is  said  to  have  taken  place,  when  the  Governor 
patched  up  a  peace,  which  would  have  little  deserved  the  suh- 
gequent  suspicions  evinced  by  the  legislature  of  Virginia,t 
*3<J  Vol.  p.  390.    tWirt'3  Life  of  Patrick  Henry. 


nrSTOEY   OF   KEKTUCKY.  11 

had  it  efTcclcil  a  transfer  of  such  valuable  territory  even  at  that 
Iday.     Tlien,  indeed,  the  prospect  of  western  prosperity,  was 
thickly  veiled,  in  comparison  with  its  modern  reality^  and  still 
more  splendid  indications;  yet  the  "colony  and  ancient  domi- 
nion of  Virginia,"  was  by  no  means,  insensible  to  the  cradle 
of  empire  she  possessed,  extending  from  the  Alleghany  to  the 
Mississippi.     This  is  evinced  by  the  eagerness  with  which  she 
laid  claim  in  her  first  constitution  of  June  29th,  177G,  to  the 
extreme  Ijoundaries  of  dominion,  under  the  charter  granted  by 
James  the  first  of  Great  Britain.     "Within   these   limits  she 
asserted  the  exclusive  right  of  purchasing  the  soil  from  the 
aborigines."     So  far  the  title  of  the  Indians   to  Kentucky  and 
the  adjacent  country,  has  been  traced  to  its  voluntary  convey- 
fmce  to  the  British  Crov/n,  for  a  valuable   consideration  at  the 
treaty  of  Fort  Stanwix,  in  1768.  This  treaty  was  formed  on  the 
j)rinciples  Avhich  had  regulated  the  intercourse  of  the  French 
and  British  v.'iih  the  natives  of  North  America,  from  the  ear- 
liest period  of  their  connection. 

The  European  nations  seem  to  have  adopted  the  principle 
of  prior  discovery,  as  one  of  peace  among  themselves,  and  not 
as  a  source  of  title  over  the  aboriginal  inhabitants.*  Spain,  in 
the  discussions  with  other  European  nations,  as  well  as  with 
(he  United  States,  placed  her  title  to  her  American  posses- 
sions, not  upon  the  celebrated  bull  of  Pope  Alexander  VI.,  but 
upon  the  rights  given  by  discovery;  "Portugal  sustained  her 
claim  to  the  Brazils  by  the  same  title.  France  also  founded  her 
title  to  the  vast  possessions  she  claimed  in  xlmerica  on  discov- 
ery." The  letters  patent  granted  to  the  Sieur  Dcmonts,  in 
1803,  constituted  him  Lieutenant  General,  and  the  represen- 
tative of  the  King  in  Acadie,  which  is  described  as  stretching 
from  the  40th  to  the  46th  de2:ree  of  north  latitude.  The  States  of 
Holland  also  made  acquisitions  in  America,  and  sustained  their 
right  on  the  common  principle  adopted  in  Europe.  No  one 
of  the  powers  of  Europe  gave  its  full  assent  to  this  principle, 
more  unequivocally,  than  England.  So  early  as  1495  her 
monarch  granted  a  commission  to  the  Cabots  to  discover  coun- 
ts Whcaton'8  Reports;  Mclntoeh  against  Johnson. 


19  nisTOBY  OP  EBirftcKr. 

tries  then  unknov.u  to  Christian  people,  and  to  take  possessioii 
of  them,  in  the  name  of  the  King  of  England-  In  the  same 
manner  were  granted,  the  charters  to  Sir  Humphrey  Gilbert,- 
Sir  Walter  Pi,aleigh  and  finally  to  Sir  Thomas  Gates,  and 
others,  in  1G06.  The  latter  charter  granted  the  country  be- 
tween 34  and  41  degrees  of  north  latitude:  this  was  after- 
wards enlarged  in  1609,  into  the  grant  to  the  Treasurer  and 
Company  of  Adventurers  of  the  city  of  London  for  the  first 
colonv  in  V^irginia."  This  charter  embraced  four  hundred 
miles  in  absolute  property,  extending  along  the  sea  coast  and 
into  the  land  throughout  from  sea  to  sea.  Between  France 
and  Great  Britain,  whose  discoveries,  as  well  as  settlements,, 
were  nearly  cotemporaneous,  contests  for  the  country  actually 
covered  by  the  Indians,  began  as  soon  as  their  settlements  ap- 
proached each  other,  and  were  continued  until  finally  settler? 
in  the  year  1763  by  the  treaty  of  Paris.  In  the  controversies 
which  were  closed  by  this  war,  France  had  contended,  not  only 
that  the  St.  Lawrence  was  to  be  considered  as  the  centre  of 
Canada,  but  that  the  Ohio  was  within  that  colony.  She  foun- 
ded this  claim  on  discovery,  and  on  havins:  used  this  river  for 
transportation  of  troops,  in  a  war  with  some  southern  Indiana. 
In  the  treaty  of  1763,  France  ceded  and  guarantied  to  Great 
Britain,  all  Nova  Scotia  or  Acadie  and  Canada  with  their  de- 
pendencies, to  the  middle  of  the  Mississippi,  and  the  lakes 
Maurepas  and  Pontchartrain,"  while  Great  Britain  on  her  part, 
surrendered  to  France  all  her  pretensions  to  the  country  west 
of  the  Mississippi.  "It  has  never  been  supposed  that  she  sur^ 
rendered  nothing,  although  she  was  not  in  possession  of  a  foot 
of  the  land.  She  siirrcnilcred  all  right  to  acquire  the  country: 
and  any  afior  attempt  to  purchase  it  from  the  Indian;^,  would  have 
been  considered  and  treated  as  an  invasion  of  the  territory  of 
France.  Thus,  all  the  nations  of  Earopo  who  have  acquired 
territory  from  the  Indians  on  this  continent,  have  asserted  in 
themselves,  and  have  recognized  in  others,  the  exclusive  right 
of  the  discoverer  to  appropriate  the  lands  occupied  by  the 
Indians.  By  the  treaty  which  concluded  the  war  of  our  revo- 
lution. Great  Britain  relinquished  all  claim  not  only  to  the  go- 


IIISTORV   OF   KEXXrcKV.  13 

verument,  but  to  the  '-proprietary  and  territorial  rights  of  the 
United  States.*'  By  this  treaty,  the  powers  of  the  government, 
and  the  right  to  soil,  which  had  previously  been  in  Great 
Britain,  passed  definitively  to  these  states.  They  had  before 
taken  possession  of  them  by  declaring  independence ;  but  nei- 
ther the  declaration  of  independence,  nor  the  treaty  confirming 
it,  could  give  us  more  than  that,  which  we  before  possessed;  or 
to  which  Great  Britain  was  before  entitled.  It  has  never  been 
doubted  that  the  United  States,  or  the  several  states,  had 
a  clear  title  to  all  the  lands  within  the  boundary  lines  described 
in  the  treaty,  subject  only  to  the  Indian  right  of  occupancy, 
and  that  the  exclusive  power  to  extinguish  that  right,  was  vested 
in  that  government,  which  might  constitutionally  exercise  it." 
This  extinguishment  has  been  made  as  mentioned,  by  the 
treaty  of  Fort  Stanwix  for  the  country  east  of  the  Tennessee 
river;  for  the  balance  of  Kentucky,  to  the  Mississippi,  a  treaty 
with  the  Chickasaws  on  the  19th  October,  1818,  provided.  In 
addition  to  these  transfers  of  native  title  to  Kentucky,  a  con- 
veyance was  made  by  the  southern  Indians,  the  Cherokees.  to 
Richard  Henderson  and  Company,  on  the  17th  March,  1775, 
on  the  Wataga  or  Wataugah,  the  south-eastern  branch  of  Hol- 
ston.  By  this  treaty  was  ceded,  as  it  imports,  "all  the  tract 
or  territory  of  lands  now  called  by  the  name  of  Trxxsylvaxia, 
lying  on  the  Ohio  river,  and  the  waters  thereof,  branches  of 
the  Mississippi,  and  bounded  as  follows :  Beginning  on  the  said 
Ohio  river  at  the  mouth  of  the  Cantuckey  Chenoee,  or  what 
by  the  English  is  called  Louisa  river ;  from  thence  running  up 
the  said  river  and  most  northwardly  fork  of  the  same  to  the 
head  spring  thereof;  thence  a  south-east  course  to  the  top  ridge 
of  PowePs  mountain;  thence  westwardly  along  the  ridge  of  the 
said  mountain  unto  a  point  from  w-hich  a  north-west  course  will 
hit  or  strike  the  head  spring  of  the  most  southwardly  branch 
of  Cumberland  river;  thence  down  the  said  river  including 
all  its  waters,  to  the  Ohio  river;  thence  up  the  said  river  as  it 
meanders  to  the  beginning.  Which  said  tract  or  territory  of 
lands  was  at  the  time  of  said  purchase,  and  time  out  of  mind,  had 
been  the  land  and  hunting  grounds  of  the  said  tribe  of  (Chero 

B 


14  IIISTORV   OP   KE^TUCKV. 

kee)  Indians."     The  consideration  paid  for  this  great  section  of 
Kentuck}'  betv.'een  the  river  of  that  name  and  the  Cumberland, 
was  £10,000  sterling  in  merchandise.     Another  treaty  in  re- 
gard to  Kentucky,  is  said  by  John  Filson,*  to  have  been  nego- 
ciated  with  the  Five  Nations,  for  the  country  between  tlie  Ken- 
tucky river  and  the  Great  Kenhawa,  by  Col.  Donaldson  of 
Virginia,  in  consideration  of  £500  sterling.     All  the  research 
which  the  author  has,  through  the  courtesy  of  the  Governor  o 
Kentucky,  been  able  to  institute  on  the  subject  of  these  ancient 
Indian  negociations,  remains  v/ithout  an  answer.   In  both  these 
instances,  certainly  in  the  first,  the  legislature  invalidated  the 
private  purchase  in  favor  of  the  public  domain ;  and  assigned 
compensation   to  the  individuals,   in  large  cessions  of  lands. 
This  Indian  title  was,  notwithstanding  the  subsequent  acknow- 
ledgement of  Virginia,  contrary  to  her  own  sense  of  Indian 
rights,  as  well  as  that  of  the  Cherokees ;  if  there  has  been  no 
mistake  in  an  anecdote  told  us  by  Judge  Haywood  in  his  His- 
tory of  Tennessee.     At  the  treaty  of  Fort  Stanwix,  which  has 
so  often  been  unavoidably  brought  to  the  reader's  attention, 
the  Judge  says,  in  1766,  but  the  author   thinks   by  mistake, 
some  of  the  Cherokees  are  said  to  have  attended.     They  had 
killed  on  their  route  some  game  for  their  support;  and  upon 
their  arrival  at  the  treaty  ground,  tendered  the  skins  to  the  Six 
Nations,  saying,  '^Hhey  are  yours,  we  killed  them  after  lyassing 
the  big  river,''''  the  name  by  which  they  had  always  designated 
the  Tennessee.     In  1769,  Dr.  Walker  and  Col.  Lewis  were 
sent  as  commissioners  by  Lord  Bottctourt,  to  correct  the  mis- 
takes of  Mr.  Stewart,  the  southern  superintendent  of  Indian 
affairs,  in  regard  to  the  Cherokee  claims.     These  gentlemen 
had  long  been  conversant,  says  Dr.  Franklin,  in  Indian  Affairs, 
and  were  well  acquainted  with  the  actual  extent  of  the  Chero- 
kee country.     Yet  they  most  positively  informed  Mr.  Stewart, 
that  "the  country  southward  of  the  Big  Kenhawa  was  never 
claimed  by  the  Cherokees,  and  now  is  the  property  of  the 
crown,  as  Sir  William  Johnson  purchased  it  of  the  Six  Nations, 
at  a  very  considerable  expense;  and  took  a  deed  of  cession 
from  them  at  Fort  Stanwix." 

>Fil3on'3  Kentucky,  JT93. 


HISTORV    OF   KENTUCKY.  15 

Such,  however,  as  the  title  might  be,  it  was  purchased,  and 
constituted  into  the  colony  of  Transylvania,  by  Col.  Henderson 
and  his  associates ;  though  subsequently  invalidated  as  respected 
the  grantees,  by  the  government  of  Virginia.  The  claims  of 
Col.  Henderson  &  Co.  were  compromised,  by  a  grant  of  200,000 
acres  of  land  at  the  mouth  of  Green  river  by  Virginia,  anfl 
as  much  in  Powell's  Valley  by  North  Carolina. 

It  was  at  this  treaty,  that  Daniel  Boone  was  told  by  an  old 
Indian,  who  had  signed  the  treaty,  taking  him  by  the  hand, 
^•'brother,"  says  he,  "we  have  given  you  a  line  land,  but  I  believe 
you  will  have  much  trouble  in  settling  it;"  v.ords,  as  events 
mournfully  proved,  of  most  ominous  meaning.  The  troubles  of 
Kentucky  have  been  marked  broad  and  deep  in  blood;  and  still 
deeper  in  the  keen  wounds  of  the  heart,  which  often  shew  them- 
selves by  that  consuming  grief,  which  withers  up  the  sources 
of  joy,  and  at  length  wears  away  its  victim  to  the  grave. 

Thus  by  fair  and  repeated  treaties;  first  of  176S  with  the 
Six  Nations,  by  which  the  Indian  title  to  Kentucky,  was  extin- 
guished as  far  south  as  the  Tennessee  river;  secondly,  by  the 
treaty  with  the  Shawnees  with  Lord  Dunmore,  in  1774;  thirdly, 
by  the  treaty  with  the  Cherokees  in  1775,  in  consideration  of 
£10,000  sterling  ,  their  title  was  extinguished  to  that  portion  of 
Kentucky,  between  the  river  of  that  name  and  the  Cumberland 
Mountains  and  Cumberland  riverj  also,  by  the  treaty  of  Fort  M'- 
Intosh*'  in  1785;  confirmed  and  enlarged  by  the  treaty  of  Green- 
ville in  1795 ;  and,  lastly,  by  the  treaty  with  the  Chickasaws  in 
1818;  all  that  part  of  Kentucky  west  of  the  Tennessee  and 
south  of  the  Ohio  was  acquired.  Are  not  these  documents  rights 
and  title  deeds,  which  the  people  of  Kentucky  may  proudly 
point  out  to  the  cavillers  against  her  title?  No  private  proprie- 
tor, no  freeholder  in  the  land,  can  exhibit  a  better  connected 
chain  of  title  to  his  possessions,  than  the  state  of  Kentucky  can 
shew  to  her  domain.  In  this  investigation,  the  author  has  not 
thought  it  within  his  province,  to  engage  in  metaphysical  dis- 
cussions of  natural  right.  He  gladly  prefers  to  such  unsettled 
discussions,  the  authority  and  practical  decisions  of  the  govern- 

*  On  Uie  Oliio  river,  near  Big  Beaver  Creek. 


16  HISTORY   OF   KENTUCKY. 

ment  and  the  high  judicial  tribunals  of  his  country.  Nor  have 
the  statesmen  and  jurists  of  :he  United  States  differed  from 
those  of  the  great  European  powers  on  these  high  questions  of 
social  rights  and  political  obligations  between  them  and  the 
Indian  tribes  on  this  continent.  This  relation  is  forcibly  stated 
in  the  following  extract  from  the  negociations  at  Ghent  on  the 
part  of  the  American  Ministers.*  "The  Indians  residing  with- 
in the  United  States,  are  so  far  independent,  that  they  live 
under  their  own  customs,  and  not  under  the  laws  of  the  United 
States ;  that  their  rights  upon  the  lands  where  they  inhabit,  or 
hunt,  are  secured  to  them  by  boundaries  defined  in  amicable 
treaties  between  the  United  States  and  themselves;  and  that 
wherever  these  boundaries  are  varied,  it  is  also  by  amicable 
and  voluntary  treaties,  by  which  they  receive  from  the  United 
States  ample  compensation  for  every  right  they  have  to  the  lands 
ceded  to  them.  They  are  so  far  dependent  as  not  to  have  the 
right  to  dispose  of  their  lands  to  any  private  persons,  nor  to  any 
power  other  than  the  United  States,  and  to  be  under  their  protec- 
tion alone,  and  not  under  that  of  any  other  power,"  This  sub- 
ject is  further  enlarged  as  follows:  "the  United  States  while 
intending  never  to  acquire  lands  from  the  Indians  otherwise  than 
peaceably,  and  with  their  free  consent,  are  fully  determined  in 
that  manner,  progressively,  and  in  proportion  as  their  growing 
population  may  require,  to  reclaim  from  a  state  of  nature,  and 
to  bring  into  cultivation,  every  portion  of  the  territory  contain- 
ed within  their  acknowledged  boundaries.  In  thus  providing 
for  the  support  of  millions  of  civilized  beings  they  will  not  vio- 
late any  dictate  of  justice  or  humanity,  fur  they  will  not  only 
give  to  the  few  thousand  savages  scattered  over  that  territory, 
an  ample  equivalent  for  any  right  they  may  surrender,  but  will 
always  leave  them  the  possession  of  lands  more  than  they  can 
cultivate,  and  more  than  adequate  to  their  subsistence,  comfort 
and  enjoyment  by  cultivation." 

But  the  author  is  not  disposed  in  this  deduction  of  title  founded 
on  solemn  treaties,  such  as  have  from  time  immemorial  governed 
the  relations  of  political  societies,  to  overlook  the  valour  and 

•  State  Papers,  vol.  is.  396, 40C. 


HISTORY   OP   KENTUCKY.  17 

enduring  hardihood,  by  which  the  rights  of  Kentucky  have  been 
confirmed  and  sealed  in  the  blood  and  by  the  arms  of  her  sons. 
The  rights  of  arms  and  of  conquest  arc  parts  of  the  law  of  na- 
tions; and  the  people  of  Kentucky,  are  entitled  to  their  opera- 
tion as  much  as  every  other  body  politic.  Such  indeed,  is  the 
uncertain  condition  of  even  civilized  society,  that  helpless  arc 
the  plainest  rights  of  men,  which  are  not  supported  and  vindica- 
ted when  necessary,  by  the  courage  and  the  manly  firmness  of 
their  possessors.  To  the  fruits  of  this  courage  and  endurance 
of  suffering  in  every  appalling  form,  no  portion  of  the  western 
country  has  superior  claim  to  that  of  Kentucky.  She  has  been 
the  nursing  mother  of  the  west,  the  blood  of  her  children  has 
flowed  freely  on  every  battle  field;  and  now,  let  them  and  their 
posterity  enjoy  the  honors  so  manfully  won. 


CHAPTER  II. 

Policy  of  the  British  Government— Proclamation  1763— Violations  of  it— Visit  of  L»r. 
Walker  in  1747 — Names  the  Shawanee  river  Cuniberlaml — Visit  of  John  Finley— ot 
Daniel  Boone— Loiii;  hunters— Visit  of  Capt.  Thomas  Bullitt  and  IMcAfecs— Surveys 
of  Louisville— Simon  Kenton— Burnin;:  of  Ilondrickf — Adventures  of  the  McAfee*— 
James  Harrod  settles  Harrodshurg— Battle  of  Point  Pleasant— Treaty  of  1774— Treaty 
of  I77o— Settlement  of  Booneshorough  and  St.  Asaphs — Indian  method  of  siege. 

The  British  government  seems  to  have  suspected  (he  policy 
of  extending  her  colonies  freely,  on  this  side  of  the  Allcganies; 
though  several  large  grants  of  land  bad  been  made  to  different 
land  companies.*     The  proclamation  of  tho  King,  however,  in 
1763,  expressly  prohibited  the  granting  warrants  of  survey,  or 
passing  "patents  for  any  lands  beyond  the  heads  or  sources  of 
any  of  the  rivers,  which  fall  into  the  Atlantic  ocean  from  the 
west  or  north-west."     But  so  irresistible  is  the  love  of  adven- 
ture in  the  early  state  of  society,  so  irrepressible  is  its  fondness 
for  new  and  unexplored  scenes  of  enterprise,  that  as  was  once 
said  in  the  Senate  of  the  United  States,  "you  might  as  well 
inhibit  the  fish  from  swimming  down  the  western  rivers  to  the 
sea,  as  to  prohibit  the  people  from  sctding  on  the  new  lands.'' 

*4th  vol.  Franklin's  Works;  Ohio  Settlement;  Marshall's  Colonial  History,  p.  281 

B* 


18  HISTORT   OF   KENTUCKV. 

The  whole  history  of  our  country,  and  particularly  of  its  wes- 
tern section,  is  an  exemplification  of  this  enterprising  spirit: 
Nor  could  tenfold  the  energies  of  the  British  government  have 
repressed  this  darling  passion  of  society.     Accordingly  it  was 
found  seeking  its  gratification,  by  numerous  pioneers,  who 
sometimes  singly,  and  at  other  times  in  parties,  little  stronger, 
considering  the  fearful  odds  of  enemies  and  distance,  opposed 
to  them,  engaged  in  exploring  this  new  region  of  the  West.    No 
doubt  the  military  conflicts  of  our  countrymen  with  the  French 
and  Indians,  in  the  war  of  '55;  and  the  distinguished  success 
with  which  it  closed,  must  have  brought  many  gallant  spirits 
acquainted  imperfectly,  with  the  country  on  the  lower  Ohio; 
and  as  far  as  it  was  imperfect,  so  much  more  would  their  ar- 
dent imaginations  enhance  its  interest,  and  would  their  curiosity 
be  stimulated.     Indeed,  the  actual  occupation  of  the  country 
acquired  by  the  peace  of  1763,  obliged  the  British  officers  to 
pass  through  the  Western  Country  to  St.  Vincents,  as  Vin- 
cennes  was  then  called,  to  Kaskaskias  and  Cahokia. 

Previous  to  this  time,  as  early  as*  1747,  Dr.  Walker,  of  Vir- 
ginia "led  an  exploring  party  through  the  north-eastern  portion 
of  the  state  and   gave   the  name  of  Cumberland,   after  the 
"Bloody  Duke,"  of  that  name,  to  the  present  river,  formerly 
called  Shawanee  river,  and  likewise  Louisa,  to  the  Big  Sandy 
river  on  the  east,  a  name  now  confined  to  one  of  its  upper 
forks;   but  which  was  at  first  applied  to  the  Kentucky.!     This 
party,  having  unfortunately  fallen  upon  the  most  mountainous 
portion  of  the  State,  did  not  effect  much,  in  favor  of  Kentucky 
by  their  report.    John  Finley,  of  North-Carolina,  and  his  com- 
panions, arc  said  by  Daniel  Boone,  to  have  visited  the  country, 
in  17G7,  without  however  leaving,  it  is  believed,  a  trace  of  their 
expedition  beyond  their  names;  now  so  briefly,  but  unavoida- 
bly recorded.     Two  years  after  the  return  of  Finley,  Daniel 
Boone  tells  us  in  his  meagre  JNarrative,  that  "on  the  first  of 
May,  1769,  he  left  his  peaceable  habitation  on  the  Yadkin  Ri- 
ver, in  North-Carolina,"  in  quest  of  the  country  of  Kentucky, 

»Dr.  Walker  so  informed  Jolin  Brown,  Esq.  of  Frankfort.      tMc.\fec  and  Ray. 
jCoinposed  by  John  Filson,  from  the  dictaiion  of  Boone,  in  1784. 


HISTORV   OF    KENTUCKY.  19 

in  company  with  John  Finley,  John  Stewart  and  three  others. 
To  a  philosophic  observer  in  the  ancient  and  ripened  States  of 
society,  could  any  thing  appear  more  forlorn  and  quixotic,  than 
thus  to  abandon  peaceable  habitations  in  the  very  spring  and 
^ecd  time  of  the  year;  to  go  in  quest  of  a  distant  and  unknown 
country,  infested  with  wild  beasts  and  enemies  not  less  savage ; 
a  region  beset  with  every  variety  of  difficulty  and  hardship ! 
Yet  while  these  difficulties  deter  the  quiet  and  industrious,  they 
only  stir  the  blood  and  string  the  nerves  of  the  enterprising  and 
the  restless.  Both  characters  have  their  appropriate  periods 
and  sphere  of  social  utility. 

Our  daring  explorer  continues;  "we  proceeded  successfully, 
and  after  a  long  and  fatiguing  journey,  through  a  mountainous 
wilderness  in  a  western  direction,  on  the  7th  day  of  June  follow- 
ing, we  found  ourselves  on  Red  River  the  northernmost  branch 
of  the  Kentucky  river;  where  John  Finley  had  formerly  been 
trading  with  the  Indians,  and  from  the  top  of  an  eminence,  we 
saw  with  pleasure,  the  beautiful  level  of  Kentucky."     Let  us 
attend  to  the  first  recorded  impressions,  which,  this  new  coun- 
try made  upon  its  hardy  and  fearless  explorers;  "we  found" 
says  the  narrative  "every  where  abundance  of  wild  beasts  of 
all  sorts  through  this  vast  forest."     The  buffaloes  (or  the  bison  of 
the  naturalist)  were  more  frequent  than  I  have  seen,  says  Boone, 
cattle  in  the  settlements,  browzing  on  the  leaves,  or  cropping 
the  herbage  on  these  extensive  plains."     The  party  continued 
''hunting  with  great  success  until  the  22d  of  December  follow- 
ing."   Soon  after  this,  John  Stewart  was  killed,  the  first  victim, 
as  far  as  is  known,  in  the  hecatombs  of  white  men,  offered 
by  the  Indians  to  the  god  of  battles,  in  their  desperate  and  ruth- 
less contention  for  Kentucky.     Our  author  or  pamphleteer  then 
says,  tliat  he  and  his  brother  Squire  Boone,  who  had  reached 
the  country  some  time  before  in  pursuit  of  his  roving  relative, 
continued  during  the  winter  undisturbed,  until  the  first  of  May; 
when  the  former  returned  to  the  settlements,  as  the  more  dense- 
ly inhabited  parts  of  the  country  were  called. 

During  this  same  year,*  a  party  of  about  forty  stout  hunters, 

»Mar9lialI,2,9. 


20  niSTOEY   OP    KENTUCKY. 

"from  New  River,  Holston  and  Clinch"  united  in  a  hunting  ex- 
pedition west  of  the  Cumberland  Mountains. 

Nine  of  this  party  led  on  by  Col.  James  Knox  reached  Ken- 
tucky; and,  from  the  time  they  were  absent  from  home,  they 
"obtained  the  name  of  the  Long  Hunters,'^''  This  expedition 
reached  "the  country  south  of  the  Kentucky  i-iver'  and  became 
acquainted  with  Green  river,  and  the  lower  part  of  the  Cumber- 
land. 

In  addition  to  these  parties,  so  naturally  stimulated  by  the 
ardent  curiosity  incident  to  early  and  comparatively,  idle  so- 
ciety, the  claimants  of  military  bounty  lands  which  had  been 
obtained  from  the  British  crown,  for  services  against  the  French, 
furnished  a  new  and  keen  band  of  western  explorers.  Their 
land  warrants  were  surveyed  on  the  Kenhawa  and  the  Ohio; 
though  most  positively  against  the  very  letter  of  the  royal  pro- 
clamation of  '63.  But  at  this  distance  from  the  royal  court,  it 
was  nothing  new  in  the  history  of  government  that  edicts  eman- 
ating, even  from  the  King  in  council,  should  be  but  imperfectly 
regarded.  However,  this  may  be,  land  warrants  were  actually 
surveyed  on  the  Kenhawa  as  early  as  1772,  and  in  1773,  seve- 
ral surveyors  were  deputed  to  lay  out  bounty  lands  on  the  Ohio 
river. 

Amongst  others  Thomas  Bullitt,  uncle  to  the  late  Alexander 
Scott  Bullitt,  first  lieutenant  governor  of  Kentucky;  and  Han- 
cock Taylor,  engaged  in  this  adventurous  work.  These  gen- 
tlemen with  their  company  were  overtaken  on  the  28th  of  May, 
1773,  by  the  McAfees,  whose  exortious  will  hereafter  occupy 
a  conspicuous  station  in  this  narrative. 

On  the  29th,  the  party  in  one  boat  and  four  canoes,  reached 
the  Ohio  river,  and  elected  Bullitt  their  captain. 

There  is  a  romantic  incident  c<jnnected  with  this  gentleman's 
descent  of  the  Ohio,  evincing  singular  intrepidity  and  presence 
of  mind;  it  is  taken  from  his  journal,  as  Mr.  Marshall  says,  and 
the  author  has  found  it  substantially  confirmed  by  the  McAfee 
papers.  While  on  his  voyage,  ho  left  his  boat  and  went  alone 
through  the  woods  to  the  Indian  town  of  Old  Chilicothe,  on  the 
Scioto.    lie  arrived  in  the  midst  of  the  town  undiscovered  by  the 


HISTORY    OP    KENTUCKY.  21 

Indians,  until  he  was  waving  his  white  flag  as  a  token  of  peace. 
He  was  immediately  asked  what  news?    Was  he  from  the  Long 
Knife  ?     And  why,  if  he  was  a  peace-messenger,  he  had  not 
sent  a  runner?     Bullitt,  undauntedly  replied,  that  he  had  no  bad 
news;  was  from  the  Long  Knife,  and  as  the  red  men  and  the 
whites  were  at  peace,  he  had  came  among  his  brothers  to  have 
a  friendly  talk  with  them,  about  living  on  the  other  side  of  the 
Ohio;  that  he  had  no  runner  swifter  than  himself;  and,  that  he 
was  in  haste  and  could  not  wait  the  return  of  a  runner.   "Would 
you,"  said  he,  "if  you  were  very  hungry,  and  had  killed  a  deer, 
send  your  squaw  to  town  to  tell  the  news,  and  wait  her  return 
before  you  eat?"     This  simple  address  to  their  own  feelings, 
soon  put  the  Indians  in  good  humour,  and  at  his  desire  a  coun- 
cil was  assembled  to  hear  his  talk  the  next  day.     Captain  Bul- 
litt then  made  strong  assurances  of  friendship  on  the  part  of  the 
whites  and  acknowledged  that  these  "Shawnees  and  Delawares, 
our  nearest  neighbors,"  "did  not  get  any  of  the  money  or  blank- 
eta  giyen  for  the  land,  which,  I  and  my  people  are  going  to  set- 
tle^    But  it  is  agreed  by  the  great  men,  who  own  the  land,  that 
they  will  make  a  present,  to  both  the  Delawares  and  Shawanees, 
the  next  year;  and  the  year  following,  that  .shall  be  as  good." 
On  the  ensuing  day,  agreeably  to  the  very  deliberate  manner 
of  the  Indians  in  council,  Capt.  Bullitt  was  informed,  that  "he 
seemed  kind  and  friendly,  and  that  it  pleased  them  well."    That 
iis  to  "settling  the  country  on  the  other  side  of  the  Ohio  witli 
your  people,  we  are  particularly  pleased  that  they  are  not  to 
disturb  us  in  our  hunting.     For  we  must  hunt,  to  kill  meat  for 
our  women  and  children,  and  to  get  something  to  buy  our  powder 
and  lead  with,  and  to  get  us  blankets  and  clothing."     In  these 
talks,  there  seems  a  strange  want  of  the  usual  sagacity  of  the 
Indians  as  to  the  consequences  of  Avhite  men  settling  on  their 
hunting  grounds ;  so  contrary  to  their  melancholy  experience 
for  a  century  and  a  half  previous;  yet,  the  narrative  is  unim- 
peachable.    On  the  part  of  Bullitt,  too,  the  admission  of  no  com- 
pctisation  to  the  Delawares  and  Shawanees,  appears  to  be  irre- 
concileable  with  the  treaty  at  fort  Stanwix  with  the  master 
tribes  of  the  confederacy,  the  Six  Nations.     However,  this  may 


22  HISTORY   OF  KENTUCKY. 

be,  the  parties  separated  in  perfect  harmony,  and  Captain  Bul- 
litt proceeded  to  the  Fajls.  Here  he  pitched  his  camp  above  the 
mouth  of  Beargrass  creek,  retiring  of  a  night  to  the  upper  point 
oi'  the  shoal  above  Corn  Island,  opposite  to  the  present  city  of 
Louisville.  It  was  this  gentleman,  who,  according  to  the  testi- 
mony of  Jacob  Sodowsky,a  respectable  farmer,  lato  of  Jessa- 
mine county,  in  this  state,  first  laid  off  the  town  of  Louisville^ 
in  August,  17T3.  He  likewise  surveyed  Bullitt's  Lick  in  the 
adjoining  county,  of  the  same  name. 

Another  surveyor  by  the  name  of  James  Douglass,  followed 
Captain  Bullitt  during  the  same  year,  and  on  his  way  to  the 
Falls  landed  near  the  celebrated  collection  of  Mammoth  bones 
which  goes  by  the  emphatic  namo  of  Big  Bone  Lick.  Here 
ik)uglass  remained  forming  his  tent  poles  of  the  ribs  of  some  of 
the  enormous  animals,  which  formerly  frequented  this  remarka- 
ble spot  and  on  theso  ribs  blankets  were  stretched  for  a  shelter 
from  the  sun  and  the  rain.  Many  teeth  were  from  eight  to  nine^ 
and  some  ten  feet  in  length;  one  in  particular  was  fastened  in 
a  perpendicular  direction  in  the  clay  and  mud,  with  the  end  six 
foot  above  the  surface  of  the  ground;  an  effort  was  made,  by 
six  men  in  vain,  to  extract  it  from  its  mortise.  The  lick  exten- 
ded to  about  ten  acres  of  land  bare  of  timber,  and  of  grass  or 
herbage;  much  trodden,  eaten  and  depressed  below  the  original 
surface ;  with  here  and  there  a  knob  remaining  to  shew  its  for- 
mer elevation.  Thereby  indetinitely  indicating  a  time  when, 
tliis  resort  of  numerous  animals  had  not  taken  place.  Through 
the  midst  of  this  lick,  ran  the  creek  and  on  each  side  of  which, 
a  never-failing  stream  of  salt  water;  whose  fountains  were  in  the 
(j{)en  field.  To  this  lick,  from  all  parts  of  the  neighbouring 
country,  were  converging  roads,  made  by  the  wild  animals 
that  resorted  the  place  for  the  salt,  which  both  the  earth  and 
the  water,  contained. 

When  the  McAfees  visited  this  lick  with  Captain  Bullitt,  se- 
veral Delaware  Indians  were  present;  one  of  these  being  ques- 
tioned by  James  McAfee,  about  the  origin  and  nature  of  theso 
extraordinary  bones,  replied,  that  they  were  then  just  as  they 
had  been,  when  he  first  saw  them  in  his  childhood.     Yet,  this 


HISTORY    OP   KENTUCKY.  23 

Indiana  apcared  to  be  at  least  seventy  years  of  age.  Collections 
of  the  bones  of  animals,  which,  have  ceased  to  tenant  the  earth, 
are  now  familiar  not  only  in  the  United  States,  but  in  other  parts 
of  the  world;  but  none  exceed  the  one  in  question,  of  the  bones 
of  the  mammoth  or  the  mastodon.     About  this  time  Col.  John 
Floyd  visited  Kentucky,  as  the  deputy  of  Francis  Preston,  who 
was  surveyor  of  Fincastle  co.  in  Virginia,  and  was  one  of  the 
party  conductisd  'in'  by  Boone ;  he  afterwards  returned  in  1775, 
settled  six  miles  from  the  Falls,  at  what  was  called  Floyd's  sta- 
tion on  the  middle  fork  of  Beargrass  creek ;  he  afterwards  dis- 
tinguished himself  in  the  history  of  the  state.     About  this  pe- 
riod, possibly  not  till  1774,*  Simon  Kenton,  who  afterwards, 
temporarily  changed  his  name  to  Butler,  descended  the  Ohio  to 
Cabin  creek,  a  few  miles  above  the  present  Maysviile.    Shortly 
aflerwai'ds,  Kenton  in  company  with  two  others,  reached  the 
neighbourhood  of  Mayslick,  and  for  the  first  time,  was  struck 
with  the  uncommon  beauty  of  the  country  and  the  fertility  of 
the  soil.    Here  the  travellers  fell  in  with  a  great  buffalo  trace, 
which,   in  a  few  hours,  brought  them  to  the  Lower  Blue  Lick. 
"The  flats  upon  each  side  of  the  river  were  crowded  with  im- 
mense herds  of  buffalo,   that  had   come  down  from  the  interior 
for  the  sake  of  the  salt ;  and  a  number  of  elk  were  seen  upon 
the  bare  ridges,  which  surrounded  the  springs."    The  same  pro- 
fusion of  game  presented  itself  at  the  Upper  Blue  Lick.     "Re- 
turning as    quick  as  possible,  they  built  a  cabin  on  the  spot, 
where  the  town  of  Washington  in  Mason  county,  now  stands ; 
and  having  cleared  an  acre  of  ground  in  the  centre  of  a  large 
canebrake,  they  planted  it  with  Indian  corn."     Soon  after  this, 
Kenton  and  his  two  companions,  having  left  one  Hendricks,  a 
felloAv  hunter  at  their  camp,  for  the  purpose  of  escorting  another 
companion  on  his  way  home,  upon  returning,  found  the  camp 
plundered  with  every  mark  of  violence ;  and  at  a  little  distance 
in  a  low  ravine,  they  observed  a  thick  smoke  ascending,  as  if 
from  a  fire  just  beginning  to  burn.     The  party  "believing  that 
Hendricks  had  fallen  into  the  hands  of  the  Indians,"  who  were 
now  burning  him,  fled  with  a  precipitation  unworthy  of  their 

*  lIcCIung'9  Sketches,  90, 101. 


24  niSTOBY   OF   KENXrcKY. 

leaders  subsequent  fame;  and  they  did  not  venture  to  return, 
until  the  evening  of  the  next  day.  The  fire  was  still  burning, 
though  faintly,  and  after  carefully  reconnoitering  the  adjacent 
ground,  they  found  the  skull  and  bones  of  their  unfortunate 
friend,  as  far  as  they  had  been  left  unconsumed.  Hendricks 
had  evidently,  been  burned  to  death  by  a  party  of  Indians,  and 
was  the  first,  and  as  it  is  believed  the  last  of  such  diabolical  sa- 
crifices, on  the  soil  of  Kentucky.  Still,  this  most  savage  of  the 
Indian  customs,  was  often  fearfully,  and  with  every  aggravation 
of  torment,  inflicted  on  their  prisoners  at  their  towns.  It  seems, 
however,  during  the  late  war  of  1812,  that  it  was  greatly  inter- 
mitted, if  not  entirely  abandoned.  Such  is  a  faint  instance  of 
some  of  the  horrors,  endured  by  the  early  hunters  of  Kentucky. 
Peace  to  their  ashes,  and  everlasting  honor  to  their  manly 
memory! 

The  McAfees  next  present  themselves  as  an  energetic  deter- 
mined family  of  men,  even  in  the  hardy  and  adventurous  times 
which  occupy  this  history.     *This  party  consisting  of  James, 
George,  and  Robert  McAfee,  James  McCoun,  Jr.  and  Samuel 
Adams  left  Sinking  creek  in  Bottetourt  count}*,  Virginia,  on 
the  first  of  June,  1773;  they  struck  across  the  country  to  New 
river,  where,  having  sent  back  their  horses  by  John  McCoun 
and  James  Pawling,  they  descended  the  river  in  canoes.     The 
party  continued  in  company  with  Bullitt  and  his  companions  as 
has  been  mentioned,  until  they  came  to  the  mouth  of  the  Ken- 
tucky river.     At  this  point  the  company  separated,  Capt.  Bullitt 
proceeding,  as  before  observed,  to  the  Falls,  and  the  McAfees, 
with  Hancock  Taylor,  ascended  the  Kentucky  river,  or  Letisoy 
(possibly  a  corruption  of  Louisa.)  to  Drcnnon*'s  lick  creek,  which 
they  went  up,  as  high  as  the  lick.     Here,  they  found  a  white 
man  of  the  name  of  Drennon,  who  had  crossed  the  country 
from  the  Big  Bone  lick,  and  got  before  the  McAfees  one  day. 
The  same  appearances  presented  themselves  here,  as  at  all 
the  licks  of  the  western  country,  a  profusion  of  every  sort  of 
game  struggling  for  the  salt,  all  in  sight  at  once;  and  the  roads 
about  the  lick,  as  trodden  and  wide,  as  in  the  neighborhood  of 

%McAfcc  papers  in  the  possession  of  Gen.  11.  B.  McAftee,  in  perfect  preservation. 


HISTORV   OF   KEXTfCKY.  25 

n  populous  city.     They  are  spoken  of  as  streets,  by  the  old 
hunters.     The  party  took  one  of  these  roads,  or  traces,  as  they 
were  called,  so  fortunately  made  by  the  buffalo  and  other  game, 
through  almost  impenetrable  cane  brakes,  and  crossed  the  Ken- 
tucky river,  at  the  ford  below  Frankfort,  opposite  to  what  has 
since  been  called  Lee's  Town.     Here  they  turned  up  the  river 
and  surveyed  the  bottom  in  which  Frankfort  now  stands,  being 
the  first  survey  made  on  the  Kentucky  river;  it  took  place  the 
16th  July,  1773,  for  600  acres.     They  then  went  up  the  ridge 
along  the  present  Lexington  road,  until  ten  or  eleven  o'clock 
of  the  17th,  when  they  again  crossed  the  Kentucky  river  seven 
miles  above  Frankfort,  and  passed  a  little  east  of  the  present 
Lawrenceburg  and   encamped    near    the   remarkable   spring 
which  is  situated  under  a  rock,  on  the  road  between  Frankfort 
and  Harrodsburg;  then  called  the  cave  spring,  and  now  known 
as  Lillard's.     After  surveying   some  land,  the  party  hunted 
westwardly,  until  they  discovered  Salt  river  j  but  which  thev 
called  Crooked  creek:  they  then  went  down  this  creek  to  the 
mouth  of  Hammond's  creek;  surveying  from  this  point,  to  the 
mouth  of  the  branch,  on  which  Harrodsburg  now  stands.     On 
the  31st  July,  the  company,    with  the   exception  of  Tavlor, 
who  had  gone  with  two  others  to  join  Bullitt  at  the  Falls,  took 
nearlv  a  south-east  course  across  Dick's  river,  several  miles 
above  the  mouth;  and  about  the  5th  of  August,  reached  the 
forks  of  the  Kentucky  river.     Here  the  mountains  were  almost 
impassable,  on  account  of  the  thick  laurel,  the  pine  and  the 
under  brush;  nor  did  they  discover  any  game,  until  the  8th  of 
August,  when  James  McAfee  killed  a  buck  elk,  which  afforded 
them  all  the  provision  they  had,  until  the  12th.     The  country 
now  presented  nothing  but  naked  rocks,  the  abode  of  desolation 
and  ruin;  silence  reigned  on  every  side,  not  a  living  animal 
but  themselves  to  be  seen.     In  this  barren  and  mountainous 
region,  the  party  wandered  along,  without  a  mouthful  to  eat  for 
two  days,  their  feet  blistered  and  bruised  with  the  rocks,  their 
flesh  torn  by  the  briars,  that  covered  the  country,  and  no  water 
to  be  found ;  then  it  was,  that  George  McAfee  and  George  Adams 
ihrew  themselves  on  the  ground,  declaring  they  could  go  no 

C 


1      / 


26  HISTORY   OF   KEXTUCKV. 

further.  In  this  distressing  situation,  at  the  point  of  starvation 
in  the  midst  of  a  wilderness,  hundreds  of  miles  from  home, 
Robert  McAfee,  (the  father  of  the  present  General  Robert 
B.  McAfee,)  started  alone  to  find  something  to  kill.  On 
passing  the  point  of  the  next  ridge,  about  sunset,  he  joyfully 
discovered  a  small  buck  about  fifty  yards  off,  and  notwithstand- 
ing his  intense  anxiety  for  his  brothers  and  other  friends,  whose 
lives  depended  on  the  certainty  of  his  shot,  he  fired  and  killed 
his  object.  The  rest  of  the  party,  animated  by  the  report  of 
his  gun,  came  hobbling  up,  and  a  neighboring  branch  of  water, 
enabled  them  all  to  recover  from  the  late  horrors.  The  party 
having  travelled  by  what  was  called  the  hunter's  path  across 
the  head  of  Powel's  Valley,  soon  after  safely  returned  to  their 
anxious  friends  in  Bottetourt. 

So  much  seemed  due  to  the  peril  and  the  hardihood  of  this 
enterprising  adventure,  whose  particulars  have  been  carefully 
and  worthily  preserved  in  the  family  papers.  These  hardships 
were,  however,  only  a  prelude  to  a  series  of  most  cruel  and 
disheartening  misfortunes  that  terminated  in  seating  the  family 
on  some  of  the  finest  lands  of  Kentucky,  to  enjoy  the  love  and 
the  respect  of  a  wide  connection  of  relations  and  of  friends. 

Other  surveyors  were  sent  to  the  Ohio  in  1774,  who  landed 
at  the  Falls  of  that  river,  the  present  site  of  Louisville;  they 
travelled  up  the  Kentucky  river  as  far  as  Elkhorn  creek  on  the 
north  side,  and  Dick's  river  on  the  south,  to  the  neighborhood  of 
the  present  towns  of  Frankfurt  and  Danville.  This,  it  is  pre- 
sumed, is  the  party  of  surveyors  mentioned  by  Boone,  as 
''having,  with  one  Michael  Stoner,  in  June,  1774,  conducted 
in,  at  the  request  of  Lord  I>unmore:"  completing  a  tour  of 
eight  hundred  miles  through  many  difficulties,  in  sixty-eight 
days.  As  yet,  no  families  had  removed  into  this  part  of  the 
country;  but  in  the  course  of  1774,  James  liar  rod,  who  had 
led  a  party  from  the  country  on  the  Monongahela,  ascended  the 
Kentucky  river  in  canoes  to  Ilarrod's  landing;  and  proceeding 
across  the  country,  built  the  first  log  cabin  in  Kentucky,  upon 
the  present  seat  of  Harrodsburg;  hence,  at  that  time,  called 
Ilarrod's  Town.     This  however  was  not  occupied  long,  before 


HISTORY  OF   KEXTUCKV.  27 

hostilities  broke  out  \rith  the  Indians,  and  the  battle  of  Point 
Pleasant  was  so  obstinately  fought  at  the  mouth  of  the  Ken- 
hawa,  on  the  10th  of  October  in  this  year.  This,  with  the 
operations  of  the  right  wing  under  Lord  Dunmore  in  person, 
had  completed  the  rupture,  which  compelled  the  early  explorers 
to  withdraw  from  Kentucky;  and  indeed  attracted  the  greater 
part  of  them,  including  Boone,  Harrod  and  the  Shelbys,  to 
engage  in  the  left  wing  of  the  expedition.  After  the  peace 
concluded  by  Lord  Dunmore,  afterwards  so  much  suspected  for 
its  motives,  Col.  Richard  Henderson  and  his  associates  pur- 
chased the  title*  which  the  Cherokees  maintained  to  the  coun- 
try, south  of  the  Kentucky  river.  Boone  was  employed  by  this 
company  of  Indian  purchasers,  to  mark  a  road  through  the 
southern  wilderness,  to  the  Kentucky  river.  Hitherto  the 
access  to  the  country  had  been  by  hunters'  paths  and  butialo 
traces.  "We  proceeded,"  says  the  pioneer,  "with  all  possible 
expedition,  until  we  came  within  fifteen  miles  of  where  Boones- 
borough  now  stands,  on  the  south  side  of  the  Kentucky  river 
and  in  the  present  county  of  Madison.  When  the  party  of 
choppers  and  markers  had  reached  this  distance,  they  were 
fired  upon  by  the  Indians,  who  killed  two  men  and  wounded 
two  others.  Yet  although  surprised  and  taken  at  a  disadvan- 
tage, we  stood  our  ground."  On  the  23d  March,  the  party  was 
again  attacked  and  lost  two  more  men,  and  had  three  wounded : 
still,  by  the  1st  April,  they  began  to  erect  the  tort,  which  was 
afterwards  called  Boonesborough.  It  was  situated  near  a  salt 
lick,  about  sixty  yards  from  the  Kentucky  river,  on  the  south 
side.  Yet  it  is  said  to  have  been  commanded  from  the  cliffs  on 
the  opposite  side  of  the  river,  whence  a  ball  could  reach  the 

*  In  connection  with  this  subject  a  vcnerahle  friend  has  pointed  out  the  following  passage 
in  Smollett's  continuation  of  Hume's  En!;l!ind.  "In  Great  Britain,  tliiti  year,  1730,  was  not 
(listinjuished  by  any  transaction  of  great  nioinem.  Seven  cliiefs  of  t lie  Cherokee  Na- 
tions of  Indians  in  America  were  brouijht  to  Eiiuland  by  Sir  Alexander  Cumin.  Being 
introduced  to  the  Kins,  they  laid  their  crown  andrcsallaat  his  feet,  and  l)y  an  authentic 
deed  acknowledsed  themselves  subjects  to  his  dominion,  in  the  name  of  all  their  com- 
patriots, who  had  vested  them  witli  full  powers  for  this  purpose.  Tliey  were  amazed 
and  confounded  at  the  riches  and  magnificence  of  the  British  Court;  they  compared  the 
Kins  and  duecn  to  the  Sun  and  Moon,  the  Princes  to  the  Stars  of  Heaven,  and  themselves 
to  nothing  They  gave  their  assent  in  tlie  most  solemn  manner  to  articlesof  friendship 
and  commerce,  proposed  by  the  Lords  Commissioners  for  trade  and  plantations;  and 
lieing loaded  with  presents  of  necessaries,  arms  and  amunition,  were  reconveyed  to  their 
own  country,  which  borders  on  the  Province  of  South  Carolina."    2d  vol.  Smollett, -J!!.!. 


2S  HISTORY   OF   KEXTUCEV. 

fcrt.  It  was  not  until  the  14th  of  June,  1775  that  the  first  fort, 
of  the  white  man  was  built,  in  Kentucky.  Well  might  the 
Indians,  could  they  have  anticipated  the  faintest  shadow  of  the 
ills  in  store  for  them,  and  their  whole  race,  from  this  foothold  of 
the  white  man ;  have  contested  the  fatal  lodgment,  with  the  last 
drop  of  their  blood.  The  genius  of  their  Pontiac,  their  Turtle 
and  Tecumseh,  did  not  display  itself  more  gloriously  at  Detroit, 
against  St.  Clair,  and  on  the  Thames,  than  it  might  have  done^ 
in  preventing  the  white  man  from  erecting  his  forts  in  the  great 
hunting  ground  of  their  tribes. 

A  fort  in  these  rude  miiitary  times,  consisted  of  pieces  of  tim- 
ber sharpened  at  the  end  and  firmly  lodged  in  the  ground :  rows 
of  these  pickets,  enclosed  the  desired  space,  which  embraced 
the  cabins  of  the  inhabitants.  A  block  house  or  more,  of  supe- 
rior care  and  strength,  commanding  the  sides  of  the  fort,  with 
or  without  a  ditch,  completed  the  fortifications,  or  stations  as 
they  were  called.  Generally  the  sides  of  the  interior  cabins 
formed  the  sides  of  the  fort.  Slight  as  this  advance  was,  in  the 
art  of  war,  it  was  more  than  sufficient  against  attacks  of  small 
arms,  in  the  hands  of  such  desultory  warriors,  as  their  irregular 
supplies  of  provisions  necessarily  rendered  the  Indians.  Such 
was  the  nature  of  the  military  structures  of  the  pioneers  against 
their  enemies.  They  were  ever  more  formidable  in  the  cane 
brakes  and  in  the  woods,  than  before  even  these  imperfect 
fortifications. 

About  September,  1775,  Hugh  McGary,  from  the  back  woods 
of  North  Carolina,  Richard  Ilogan  and  Thomas  Denlon,  with 
their  families,  united  to  Daniel  Boone  and  company,  making, 
in  the  language  of  the  times,  twenty-seven  guns;  that  is  equiva- 
lent to  twenty-seven  fighting  men.  The  party  assembled  in 
Poweir.s  Valley,  on  the  head  of  Ilolston  river,  after  having 
waited  three  months,  for  the  junction  of  Boone's  company, 
and  haying  sent  one  John  Ilarman  before  them,  to  rai.se  a 
crop  of  corn  at  Ilarrodstown.  This  labor  he  performed,  in  a 
field  at  the  east  end  of  the  present  town,  where  John  Thomp- 
son, Esq.  now  lives.  It  is  proper  to  mention,  that  Boone  had 
previous  to  this,  on  the  25th  September,  1773,  made  an  attempt 


niSTOBT    OF   KENTUCKY. 


2U 


to  move  to  Kentucky,  "in  company  with  five  families  and  forty 
men  that  joined  us  in  Powell's  Valley,"  But  on  the  10th  Oc- 
tober, Boone  says,  "the  rear  of  our  company  was  attacked  by 
a  number  of  Indians,  who  killed  six  men  and  wounded  one.*' 
This  severe  repulse  deterred  the  party  from  prosecuting  their 
daring  enterprise,  until  the  time  mentioned  above. 

When  McGary's  party  had  arrived  at  the  head  of  Dick's 
river,  Boone,  with  twenty-one  men,  went  to  Boonesborough, 
and  left  his  previous  associates  to  find  their  way,  as  well  as 
they  could  by  his  directions,  through  the  pathless  forest  to 
Harrodstown.  At  the  time  of  our  narrative,  there  were  but 
four  cabins  at  this  place,  one  of  which  was  inhabited,  and  but 
five  old  soldiers  in  them,  who  had  followed  James  Ilarrod  from 
the  Monongahela  country.  This  distinguished  explorer,  had 
likev/ise  settled  a  place  known  as  Harrod's  Station,  about  six 
miles  east  of  Harrodsburg,  on  the  present  road  to  Danville. 

The  families  with  McGary,  having  got  bewildered,  left  the 
horses  and  cattle  with  James  Ray,  John  Denton  and  John 
Hays,  all  boys,  (the  former,  now  General  James  Ray,  but  fif- 
teen years  of  age.)  opposite  to  the  mouth  of  Gilbert's  creek,  on 
the  east  side  of  Dicks  river,  while  they  attempted  the  route 
by  themselves.     McGary,  finding  no  passage  for  the  families 
at  the  mouth  of  Dick's  river,  on  account  of  the  lofty  precipi- 
tous cliffs,  went  by  himself  to  explore  the  way :  by  accident 
he  fell  on  the  path  between  Harrodsburg  and  Harrod's  Station, 
and  taking  the  eastern  end,  it  brought  him  to  the  latter  place, 
where  he  got  Josiah  Harlan  of  lamented  memory,  to  pilot  the 
families,  as  well  as  the  tliree  boys,  into  Harrodstown.     Thus 
was  formed  the  first  domestic  circle  of  Harrodsburg  by  Mrs. 
Denton, McGary  and  Hogan,  with  their  families;  where  is  now 
the  resort  of  the  gayest  of  the  gay  among  the  fashionables  of 
the  west.    These  younger  woodsmen  were  not,  however,  re- 
lieved until  three  weeks  had  elapsed,  instead  of  three  days,  as 
promised   by  McGary  at  first,  when  they  were  left  on  this 
forlorn  hope.     To  add  to  their  distress,  they  could  not  forget 
the  fate  of  three  boys,  the  eldest  hopes  of  three  families,  who 
had  been  killed  by  the  Indians  in  1773,  under  very  similar 

C* 


30  HISTORY   OF    KENTUCKY. 

circumstances;  while  left  to  collect  some  stray  horses  in  Pow- 
ell's Valley,  when  moving  with  Boone  to  Kentucky.  One. 
the  eldest  son  of  Boone,  had  been  a  playmate  of  James  Ray 
in  iVorth  Carolina.  During  the  winter  of  '75-G,  was  begun 
the  fort  of  Harrodstown,  of  such  enduring  importance  in  the 
early  difficulties  of  Kentucky.  It  was  situated  on  the  hill,  now 
occupied  by  the  seminary  building,  and  included  a  consid- 
erable spring  of  water  at  its  foot:  it  was  not  finished  until  the 
ensuing  season. 

From  this  period  may  be  dated  the  permanent  settlement  of 
Harrodsburg ;  about  the  same  time.  Col.  Benjamin  Logan,  of 
Virginia,  established  Logan's  fort,  about  a  mile  west  of  the  pre- 
sent town  of  Standford,  in  Lincoln  county.  The  precise  date  of 
this  establishment  cannot  be  ascertained ;  but  Col.  Floyd  speaks* 
of  its  being  known  as  a  station  or  fortified  settlement,  in  May, 
1775.  At  this  time,  the  title  of  Henderson  &  Co.,  seems  to 
have  been  generally  acknowledged  by  the  settlers  in  the  coun- 
try. Nor  were  their  numbers  so  contemptible  even  at  that  early 
day ;  they  are  computed  by  a  close  observer,  to  have  amounted 
to  three  hundred;  and  to  have  had  about  two  hundred  and  thirty 
acres  under  cultivation  in  corn.  So  perfect  at  first,  was  the  ac- 
quiescence of  the  people  in  the  title  of  the  company  mentioned 
above;  that  eighteen  delegates  assembled  in  convention  at 
Boonesborough  in  the  course  of  this  year  and  after  acknowl- 
edging Henderson  &  Co.,  as  proprietors,  ''established  courts  of 
justice,  rules  for  proceeding  therein,  also  a  militia  law,  an  at- 
tachment law,  a  law  for  preserving  the  game  and  for  appoint- 
ing civil  and  military  officers."  Such  was  the  incipient  stage  of 
this  great  commonwealth,  under  what  may  be  called  its  proprie- 
tary government.  So  eager  were  settlers  to  embark  under  the 
title  of  this  great  land  company;  that  by  the  1st  of  December, 
1775,  500,000  acres  of  land  were  entered,  as  it  is  presumed  in 
their  oflice.  Deeds  of  great  formality  were  issued  by  this  com- 
pany calling  themselves  "proprietors  of  the  Colony  o{  Transyl- 
vania in  America."     By  these  deeds,  the  grantees  under  the 

•  CorrcfipondenceofCol.  J.  Floyd,  with  Col.  William  Preston,  p«litely  communicated 
by  Nalh.  Hart,  Esq.  of  Woodford  county. 


HISTORY   OF    KENTfCKV. 


31 


company,  bound  themselves  to  pay  them,  "one  moity  or  half  part 
of  all  gold,  silver,  copper,  lead  or  sulphur  mines;"  and,  moreover, 
to  pay  the  company  a  rent,  as  might  be  agreed  on,  "yearly  and 
for  every  year."  The  penalty  for  not  paying  this  rent  was  pro- 
vided by  a  covenant,  "that  if  no  sufficient  distress  can  be  found 
on  the  premises  whereon  it  shall  be  lawful  for  the  said  Co., 
to  levy  such  rent  or  arrears ,  with  full  costs,  charges  and  expen- 
ses in  making  and  levying  the  same,  then  this  present  grant  and 
all  assignments  shall  be  void  and  of  none  effect.  The  company 
then  reserved  a  right  "to  re-enter  into  the  said  lands  and  re-grant 
the  same  to  any  other  person  or  persons  whatsoever."  Had 
this  company  retained  its  title,  Kentucky,  would  within 
their  jurisdiction  or  purchase,  have  been  under  a  quit  rent  to 
those  great  proprietors  forever.  It  is,  however,  much  to  be 
doubted,  whether  the  high  temper  of  the  western  people  would 
have  submitted  to  a  state  of  things,  which  had  been  a  constant 
source  of  heart  burnings  in  the  elder  colonies.  Sooner  indeed 
than  have  been  any  thing  less  than  fee  simple  or  allodial  pro- 
prietors, the  hunters  of  the  west,  (had  they  not  risen  in  arms,) 
would  have  abandoned  the  country,  to  these  lords  proprietors. 
Symptoms  of  the  slight  hold  these  terms  had  upon  the  hearts  of 
the  people,  at  the  earliest  manifestations  of  Indian  hostilities, 
may  be  inferred  from  the  fact;  *that  three  hundred  men  are  said 
to  have  left  the  country  by  July,  1776.  Col.  Clark  intimates 
the  same  in  his  memoir.  He  remarks,  that  the  company  "took 
great  pains  to  ingratiate  themselves  in  the  favor  of  the  people; 
but  too  soon,  for  their  own  interest  began  to  raise  upon  their 
lands,  which  caused  many  to  complain."  Some  dissatisfaction 
of  this  sort,  seems  to  have  operated  in  producing  the  subsequent 
mission  of  Clark  and  Jones,  to  the  government  of  Virginia,  res- 
pecting the  regulation  and  sale  of  the  country'. 

At  the  same  time,  in  justice  to  this  great  company,  it  must  be 
observed,  that  it  furnished,  although  for  sale,  all  the  supplies 
of  gunpowder  and  lead  with  which  the  inhabitants  defended 
themselves  and  their  families.  Indeed,  the  books  of  Henderson 
&  Co.  exhibit  accounts  for  these  articles  with  all  the  inhabi- 
»  Correspondence  of  Col.  Floyd 


38  HISTOKT   OF    KID^TTCKT. 

taots  of  ^country,  in  the  years  1775-6.  while  thev  are  cre- 
dited with  Taiioas  iterae,  as  cutting  the  road  to  Cantudcegj  hunt- 
ing and  raBgii^.  The  prices  of  articles  in  these  accounts, 
afibtd  some  ouious  con^iarisoiis  with  those  of  the  present  tunes. 
Poird«waschargedat$S66perpoaDd.  andleadat  161  cenis: 
while  hbam  was  credited  at  33  c^ni^  or  fifty  centf  per  day.  for 
laaging,  hunting  or  woiking  on  road  s .  The^e  accounts  remain 
tmiflnap^t  upon  the  books  in  every  instance,  shevring  a  con- 
dhioB  of  no  little  indebtedness  f^  the  colonists  of  Transylvania 
to  the  great  propri^ors. 

About  the  16th  of  July.  1776,  it  was  discovered  frMU  the 
Migm,  as  Ae  maiks  of  the  enemy's  presence  were  termed,  that 
alaige  body  of  Indans  had  come  into  the  country  with  hostile 
mtOBtians;  and,  had  aoondii^  to  their  mode  of  invasion  dis- 
posed in  smfaS  bands  infesting  the  stations,  at  the  same  time. 

A  romantic  instance  o£  the  insecurity  of  the  times,  and  the 
ardent  sympathy  which  knit  the  people  to  one  another,  is  beau- 
tifiiDr  e^thibited  in  die  following  narrative  in  the  words  of  an 
actof.*  HDnthe  7th  t^"  July  1776.rne  Indians  tot^  out  of  a  canoe 
wfaidi  was  in  the  river,  within  sight  o(  BoMiesUmmgh,  Miss 
Betsey  OaDoway,  her  sis-.er  F.  i  a  daughter  of  Daniel 

Boone.  The  last  two  are  about  thineen  or  fourteen  years  of 
age  and  the  odier  grown.  The  aOair  happened  late  in  the  af- 
temooa"  and  die  spoilers  *^left  the  canoe  on  the  oppo&ie  side  of 
the  rtrer  firam  us,  which  prevented  our  getting  over  for  sMoe 
time  to  parsoe  them.  Next  m:»^ing  by  ^ylight  we  were  on 
die  tradt;  bat  found  they  had  totally  prevented  our  following 
dKmby  walking  somedistance  apart  through  the  thickest  cane 
ifaey  could  find,  we  oberared  their  course  and  on  which  side  we 
had  left  their  sign,  and  travelled  upwards  of  thirty  miles.  We 
then  imagined  diat  they  would  be  less  cautious  in  travelling 
and  made  a  turn  in  order  to  cross  their  trace,  and  had  gone  but  a 
few  miles,  before  we  found  their  tracks  in  a  bufiaJo  path :  pur- 
aaed  and  orertook  them  on  going  about  ten  miles,  just  as  they 
were  kiadling  a  fire  to  cook.  Our  study  had  been  more  to  get 
die  priaoDen  widnut  giving  the  InHi^iift  time  to  murder  them 

•  CnlMd  noH. 


HOTOST  OP  KEyrrcKY.  35 

after  they  discoyered  vs.  than  to  kill  tiiem.     We  discovered 
eastk  other  nearly  at  the  same  time.    Four  of  ns  fired,  and  aD 
rushed  on  them,  which  prevented  their  carrying  any  thing  away 
except  one  shot-gun  without  any  anunonitkn.     Mr.  Boone  and 
mvself  had  a  pretty  fair  shoot,  just  as  they  began  to  more  offi 
I  am  well  convinced  I  shot  one  throtjgh,  and  the  one  he  dwt 
dropped  his  gun.  mine  had  none.    The  place  waa  reiy  thick 
with  cane  and  being  so  much  elated  on  recovering  Ae  Aree  htde 
broken  hearted  girls,  prevented  oar  making  any  farther  seardi- 
We  sent  them  off  without  their  modrasons^  and  not  one  of  them 
so  much  as  a  knife  oc  a  toaahawk."    TTicse  are  fl»e  raiembel- 
iished  circumstances  of  a  transaction,  which  a  lively  and  mo^ 
interesting  writer  has,  through  misinftHmiidion,  hisfackany  dis- 
figured into  a  beautiful  rooance.*     A  continaatian  of  sodi heart 
rending  depredations  and  the  death  of  the  hunters  in  every  di- 
rection,  ^read  a  dismay,  which  may  faintly  be  conceired  from. 
the  following  most  hcmoiable  extracts  from  the  corre^Mndatce 
of  the  same  gallant  man  whose  narrative  has  jasi  been  qoofted. 
^'Iwant  to  return  as  much  as  any  person  can  do;  bat  if  I  leave 
the  country  now,  there  is  scarcely  one  single  man  h^eabouls-. 
but  what  will  follow  the  example.     When  I  think  <^  the  deplo- 
rable condition  of  a  few  helples  families  are  likely  to  be  in;  I 
conclude  to  sell  my  life  as  dear  as  I  can  in  their  defence  rather 
dan  make  an  ignominious  retreat.''     Again  he  says,  ^  do  at 
the  request,  and  in  behalf  of  all  the  distressed  women  and  cM- 
dren  and  the  inhabitants  of  thb  place,  implore  die  aid  of  every 
leading  man,  who  may  have  ic  iahis  power,  to  give  tfi^Baay  re- 
lief.^ 

No  place  seems  more  appropriate  tfian  the  present  fiir  detail- 
ing the  circimistances  usually  attending  an  Indian  siege.  "The 
Indians  in  besieging  a  place  are  seldom  seen  in  force  upon  any 
quarter:  but  dispersed,  and  acting  individually,  or  in  small  par- 
ties. They  conceal  themselves  in  the  bashes  or  weeds,  or  be 
hind  trees  or  stumps  of  trees ;  or  waylay  tiie  path,  os  fidds,  or 
other  places  which  their  enemies  resort;  and  when  one  or  more 
more  can  be  taken  down,  in  their  opinion,  they  fire  the  gun-  or 

vFImt's  Ufeof  Duid  Boane,;ose  sa.    f  XaidaB.1.  C-U 


34  HISTORY   OF   KENTUCKY. 

let  fly  the  arrow,  aimed  at  the  mark.  If  necessary,  they  re- 
treat— if  they  dare,  they  advance  upon  their  killed,  or  crippled 
adversary ;  and  take  his  scalp,  or  make  him  prisoner,  if  possi- 
ble. They  aim  to  cut  off  the  garrison  supplies,  by  killing  the 
cattle ;  and  they  watch  the  watering  places,  for  those  who  go, 
for  that  article  of  primary  necessity ;  that  they  may  by  these 
means,  reduce  the  place  to  their  possession ;  or  destroy  its  in- 
habitants, in  detail." 

"In  the  night,  they  will  place  themselves  near  the  fort  gate, 
ready  to  sacrifice  the  first  person  who  shall  appear  in  the  morn- 
ing: in  the  day,  if  there  be  any  cover — such  as  grass,  a  bush, 
a  large  clod  of  earth,  or  a  stone  as  big  as  a  bushel,  they  will 
avail  themselves  of  it,  to  approach  the  fort,  by  slipping  forward 
on  their  bellies,  within  gun-shot ;  and  then,  whosoever  appears 
first,  gets  the  fire;  while  the  assailant  makes  his  retreat  behind 
the  smoke,  from  the  gun.  At  other  times  they  approach  the 
walls,  or  palisades,  with  the  utmost  audacity — and  attempt  to 
fire  them,  or  to  beat  down  the  gate.  They  often  make  feints,  to 
draw  out  tlie  garrison,  on  one  side  of  the  fort,  and  if  practicable 
enter  it  by  surprise,  on  the  other.  And  when  their  stock  of 
provision  is  exhausted,  this  being  an  individual  affair,  they  sup- 
ply themselves  by  hunting;  and  again,  frequently  return  to  the 
siege ;  if  by  any  means  they  hope  to  get  a  scalp." 

"Such  was  the  enemy,  who  infested  Kentucky,  and  with  whom 
the  early  adventurers  had  to  contend.  In  the  combat,  they  were 
brave;  in  defeat,  they  were  dexterous;  in  victory,  they  were 
cruel.  Neither  sex  nor  age,  nor  the  prisoner,  were  exempted 
from  their  tomahawk,  or  scalping  knitc.  They  saw  their  per- 
petual enemy,  taking  possession  of  their  hunting  ground;  to 
them,  the  source  of  amusement,  of  supply,  and  of  traffic ;  and 
they  were  detennined  to  dispute  ijt  to  the  utmost  extent  of  their 
means.  Had  they  possessed  the  skill  which  combines  individual 
effort,  with  a  concerted  attack;  and  had  they  directed  their 
whole  force  against  each  of  the  forts,  then  few,  and  feeble,  in 
succession ;  instead  of  dissipating  their  strength,  by  attacking 
all  at  the  same  time ;  they  could  easily  have  rid  Kentucky  of 
its  new  inhabitants:  and  again  restored  it  to  the  buffalo,  and 


HISTORY    OF   KEMTCKI".  35 

the  Indian;  the  wild  game,  and  its  red  hunters.  But  it  was  or- 
dered otherwise;  and  after  inflicting  great  distress  upon  the 
settlers,  without  being  able  to  take  any  of  the  forts,  the  ap- 
proach of  winter  dispersed  them;  they  having,  in  the  mean 
time,  killed  sundry  persons;  and  destroyed  most  of  the  cattle 
round  the  stations.  Of  the  settlers,  however,  it  is  to  be  said, 
that  they  acquired  fortitude,  and  dexterity,  in  proportion  to  the 
occasional  pressure.  In  the  most  difficult  times,  the  Indians 
were  obliged  to  retire  into  the  woods,  sometimes  in  pursuit  of 
game,  sometimes,  as  to  a  place  of  safety :  and  generally  by 
night  they  withdrew,  to  encamp  at  a  distance.  In  these  inter- 
vals, the  white  men  would  plough  their  corn,  or  gather  their 
crop,  or  get  up  their  cattle,  or  hunt  the  deer,  the  bear,  and  buf- 
falo, for  their  own  food." 

"When  travelling,  they  left  the  paths ;  and  they  frequently 
employed  the  night,  to  get  out  from,  or  return  to,  the  garrison. 
In  these  excursions,  they  often  exchanged  shots  with  the  In- 
dians: and  at  times,  when  they  came  to  the  station,  found  it  in- 
vested.'' 

In  despite  of  these  difficulties  and  dangers,  struggling  for  life 
with  the  wilderness  and  so  wily  and  savage  a  foe,  there  were, 
''from  a  review  of  the  records,"  more  "improvements"  (as  culti- 
vation or  buildings  are  termed)  "with  a  view  to  future  settle- 
ment," in  this  year,  -'than  in  any  other."  Nor  were  these  dis- 
persed parties  in  so  wide  a  territory,  so  generally  exposed  to 
the  attacks  of  the  enemy,  as  the  fixed  and  notorious  forts. 


CH.\PTER  m. 

First  visit  of  Clarke  to  Kentucky— Visits  Ilarrodstown — Chosen  a  delegate  to  the  Vir- 
ginia Legislature  with  Gabriel  John  Jor.es — Calls  on  Governor  Henry — Receives 
gunpowder  for  Kentucky— Procures  llie  creation  of  Kentucky  county— Brings  gun- 
powder from  Fort  Pitt— Conceals  it  on  the  banks  of  Limestone  creek— Blackfish 
attacks  Harrodstown— Singular  escape  of  Ray— Plans  approved  by  Governor  and 
Council— Spies  in  Illinois— Arrives  at  the  Falls  of  Ohio— Eclipse  of  the  Sun— Passes 
the  Falls — Reaches  Kaskaskia — Surprises  the  town — Takes  Cabolda. 

The  year  1775  was  memorable  for  the  arrival  of  that  most 
daring  and  sagacious  officer,  George  Rogers  Claxke,  who  was 


36  HISTORY   OF   KENTUCKY. 

soon  destined  to  intertwine  his  memory  witli  honors,  as  lasting 
as  the  great  country,  which  he,  by  his  genius,  brought  under 
Ihe  American  arms.  "The  appearance  of  Clarke,"  says  Mr. 
Marshall,  "was  well  calculated  to  attract  attention;  it  was 
rendered  particularly  agreeable  by  the  manliness  of  his  deport- 
ment, the  intelligence  of  his  conversation;  but  above  all,  by 
the  vivacity  and  boldness  of  his  spirit  for  enterprise,  and  the 
determination  he  expressed  of  becoming  an  inhabitant  of  the 
country.  He  fixed  on  no  particular  residence,  was  much  in  the 
woods;  incidentally  visiting  the  forts  and  ostensible  camps;  he 
cultivated  the  acquaintance  of  the  people,  and  acquired  an 
extensive  knowledge  of  the  various  objects  presented  to  his 
curiosity  or  to  his  inspection," 

This  distinguished  commander,  who,  amidst  deeds  of  hardi- 
hood and  times  of  most  gallant  adventure,  was  by  the  general 
consent  of  his  compeers,  looked  up  to  as  their  chief,  was  born 
in  the  county  of  Albermarle,  in  the  state  of  Virginia,  in  Sep- 
tember, 1753.  He,  like  the  great  master  chief  of  the  revolu- 
tion, engaged  in  the  business  of  land  surveying,  under  the 
unfortunate  Colonel  Crawford.  There  seems  a  fond  alliance 
between  this  pursuit  and  many  of  the  attractions  of  military 
life;  free  exercise  in  the  open  air,  and  adventurous  expo- 
sure, both  combine  to  fasten  on  a  military  spirit  an  attachment 
to  this  business,  in  the  frontier  woods  of  North  America,  re- 
.quiring,  at  the  times  in  question,  so  much  fortitude  and  bravery. 
Little  is  known  of  the  early  years  of  George  Rogers  Clarke, 
but  the  stirring  times  and  the  confined  opportunities  of  that 
part  of  Virginia  though  now  the  scat  of  the  literary  monument 
which  consecrated  the  last  days  of  the  great  Jeflerson,  forl)id 
much  expectation  beyond  the  elements  of  his  language,  and 
those  not  taught  with  the  utmost  precision.  He  is  said  to  have 
been  much  devoted  to  several  branches  of  mathematics  and 
was  distinguished  for  his  precise  and  minute  knowledge  of 
geography.  Like  many  other  of  the  gallant  spirits  of  his  time, 
he  embarked  at  the  head  of  a  company  in  Dunmore's  war,  and 
was  engaged  in  the  only  active  operation  of  the  right  wing 
against  the  Indians.     After  the  suspicious  haste  with  which 


HISTOBY   OP   KENXrCKY.  37 

peace  was  made  by  Lord  Dunmore,  without  following  up  the 
bloody  blows  of  Point  Pleasant,  he  was  offered  by  the  GoA'ernor, 
a  commission  in  the  royal  service.     This,  on  consultation  with 
his   friends,   he  was   induced  by  the  troubled  complexion  of 
affairs  between  his  native  country  and  Great  Britain,  to  refuse. 
Early  in  1T75,  Clark  visited  Kentucky  as  the  favorite  theatre 
of  romantic  adventure  at  that  day,  he  penetrated  to  Harrod's- 
To>vn,  which  after  having  been  abandoned  by  Colonel  Harrod, 
on  the  late  rupture,  with  the  Indians,  had  been  re-possessed  by 
him.     In  this  visit,  he  either  had  a  commission  of  major,  or 
was  from  his  service  in  Dunmore's  war  and  prominent  talents, 
voluntarily  placed  at  the  head  of  the  irregular  troops,  then  in 
Kentucky.     He  himself  only  speaks  of  settling  in  the  fall  of 
'77,  the  accounts  of  the  Kentucky  militia  which  would  confirm 
the  idea  of  his  previous  command,  besides  being  known  at  that 
time  as  Major  Clark.     In  the  ensuing  autumn  Clark  returned  to 
Virginia,  and  again  came  back  to  Kentucky  in  the  spring  of '76.* 
He  reflected  deeply  on  its  value  to  Virginia  ?.sa  frontier,  as  well 
as  to  the  rest  of  the  confederacy.  The  result  of  these  meditations 
suo-uested  to  him,  the  importance  of  assembling  the  people  of 
the  country  at  Harrod's  Town,  as  it  was  then  called,  to  de- 
vise a  plan  for  the  public  defence.     At  this  time  the  claim  of 
Henderson  and  Company,  acquired  under  the  treaty  of  Wa- 
ta<^a,  in  IMarch,  '75,  with  the  Cherokees,  made  a  great  deal 
of  noise,  and  added  no  little  to  the  perplexities  of  the  settlers. 

•  In  regard  to  this  second  visit,  the  author  cannot  resisst  tlie  temptation  to  narrate  an 
anecdote,  whidi  he  in  substance  received  from  tlie  lips  of  General  Uay.   It  ilhisirates  (he 
hardy  privations  of  the  times,  and  the  free  and  generous  spirit,  in  which  all  ttie  little  alle- 
viations cif  these  hardships,  were  shared  with  a  fellow  hunter  in  distress.    '•  I  had  come 
down"  said  the  General,  •'  to  where  I  now  live,"  (about  four  miles  north  of  Harrodslmre) 
"  to  turn  some  liorsps  out  in  the  ran^e;  I  had  killed  a  small  blue  win?  duck,  that  was  feed- 
ing in  my  sprins,  and  had  roasted  it  nirelj'  on  the  brow  of  the  hill,  about  twenty  steps 
east  of  my  house."    After  havini  taken  it  o.T  to  cool,  I  was  nmch  surprised  on  heins  sud 
^eiily  accosted  by  a  fine  soldierly  looking  man.  who  exclaimed,  ••  How  do  you  do  my  little 
fellow?     What  is  your  name?     An't  you  afraiil  of  being  in  the  woods  by  yourself?"    On 
satisfying  his  inquiries,  I  invited  the  traveller  to  partake  of  my  duck,  which  he  did  with- 
out leaving  me  a  bone  to  pick,  his  appetite  was  so  keen;  though  he  should  have  been  wel- 
come to  all  the  2ime  I  could  have  killed,  said  Ray,  when  I  afterwards  l)ecaine  acquainted 
with  his  noble  and  L'allant  soul.  After  satisfying  liis  questions,  be  inquired  of  the  stranger 
his  own  name  and  business  in  this  remote  region.    My  name  is  Clark,  he  answered,  and 
1  have  come  out  to  see  what  you  brave  fellows  are  doing  in  Kentucky,  and  to  lend  yon 
a  helping  hand  if  necessary.    The  General,  a  boy  of  sixteen,  then  conducted  Clarii  to 
Harrodslown.  where  he  spent  his  time  making  the  observations  on  the  condition  and 
prospects  of  the  country,  natural  to  Ids  comprehensive  mind,  and  assisting  at  every  op- 
portunity in  its  defence. 

D 

180331 


38  HISTORY   OF   KENTrCKY. 

It  became  uncertain  whether  the  south  side  of  the  Kentucky 
river  appertained  to  Virginia  or  to  North  Carolina.     These 
difficulties  increased  the  necessity  of  ascertaining  the  disposi- 
tion of  the  former ;  on  the  6th  of  June,  at  the  suggestion  of 
Clark,  a  general  meeting  took  place  in  Harrod's  Town,  at  which 
he,  and  Gabriel  John  Jones,  were  chosen  members  of  the 
Assembly  of  Virginia.     This,  however,  was  not  the  course  in- 
tended by  Clark;  he  v/anted  the  people  to  choose  agents,  with 
general  powers  to  negotiate  with  the  Government  of  Vii-ginia, 
and  if  abandoned  by  it,  to  employ  the  lands  of  the  country,  as 
a  fund  to  obtain  settlers,  and  establish  an  independent  State. 
The  election  had,  however,  proceeded  too  far  to  change  its 
object,  when  Clark,   who  had  been  detained,  arrived  at  the 
town;  the  gentlemen  elected,  although  they  were  aware  the 
choice  could  give  them  no  seat  in  the  Legislature,  proceeded 
to  Williamsburg,  at  that  time  the  seat  of  Government.     They 
selected  the  route  through  the  southern  Avilderness,  as  it  has 
generally  been  called,  lying  between  the  settlements  of  Ken- 
tucky, and  those  of  Virginia,  under  most  distressing  difficulties. 
Independent  of  losing  one  of  their  horses,  the  extreme  wetness 
of  the  season,  and  the  danger  of  kindling  fires,  amidst  strag- 
o-linij  parties  of  Indians,  the  travelling  through  the  mud,  and 
over  the  mountains,  brought  on  a  most  painful  affliction,  called 
by  the   hunters,  the  scald  feet.     In  this  complaint,  the  feet 
become  useless  from  excessive  tenderness, and  the  skin  decays; 
so  that  the  weight  of  the  body  becomes  intolerable.     While 
suffering  in  this  manner,  "  more  torment  than  I  ever  expe- 
rienced" says  Clark,  "  before,  or  since,"  they  found  the  old 
stations  near  the  Cumberland  Gap,  and   Martin's  Fort,  where 
they  fondly  hoped  to  have  found' relief,  both  al)andoncd  by  the 
inhabitants  owing  to  fear  of  the  Indians.     At  the  latter  place, 
however,  the  desperate  party  determined  to  stay  until  their  feet 
were  recovered ;  when  this  was  accomplished,  they  again  pros- 
ecuted their  journey.     On  reaching  the  county  of  Bottctourt,  it 
was  found  that  the  legislature  had   adjourned:  upon  which, 
Mr.  Jones  returned  to  the  settlement  on  Ilolston,  and  left  Clark 
to  attend  to  the  Kentucky  mission.     lie  immediately  waited  on 


niSTORY  OP   KENTUCKY. 


39 


Governor  Henry,  then  lying  sick  at  his  residence  in  Hanover 
county,  to  whom  he  opened  the  objects  of  his  journey;  these 
met  the  cordial  approbation  of  the  Governor;  in  consequence  of 
which  he  gave  Clark  a  suitable  letter  to  the  Executive  Council 
of  the  state.  An  application  was  then  made  to  the  Council,  for 
five  hundredweight  of  gunpowder,  in  order  to  defend  the  sta- 
tions in  Kentucky.  This  body,  though  well  disposed  to  assist 
their  countrymen,  remote  as  their  situation  was,  and  not  yet 
united  to  Virginia,  by  any  express  legislative  recognition, 
said,  they  could  only  lend  the  pow^der  to  them,  as  friends  in  dis- 
tress, but  could  not  give  it  to  them  as  fellov.'-citizens.  At  the 
same  time,  they  required  Clark  to  be  answerable  for  the 
value,  in  case  the  legislature  should  not  recognize  the  Ken- 
tuckians  as  citizens;  and,  in  the  meantime,  to  bear  the  ex- 
penses of  its  conveyance  to  Kentucky.  This,  Clark  assured 
them  was  out  of  his  power;  he  represented  to  them  that  the 
British  w^ere  trying  every  means,  to  engage  the  Indians  in  the 
war;  that  the  people  in  the  remote  and  exposed  stations  of  Ken- 
tucky, might  be  destroyed  for  want  of  the  supply,  which  he,  a 
private  individual,  had  sought  at  so  much  hazard  and  hardship 
for  their  relief;  that  when  this  frontier  was  destroyed,  the  fury 
of  the  savages  would  be  brought  nearer  home.  The  Council 
was  still  inexorable,  the  sympathy  for  the  frontier  settlers  was 
deep,  but  the  assistance  already  offered,  was  a  stretch  of  power, 
and  the  council  declared,  they  could  go  no  farther.  The 
order  was  then  issued  to  the  keeper  of  the  public  magazine  to 
deliver  the  powder  to  Clark:  he  had  long  reflected  on  the 
situation  and  the  prospects  of  the  country  he  had  left;  his  reso- 
lution to  reject  the  assistance  on  these  conditions,  was  fixed,  he 
says,  before  he  left  the  council  chamber,  to  repair  to  Ken- 
tucky, and  as  he  had  at  first  proposed,  exert  the  resources  of 
the  country  for  the  formation  of  an  independent  state.  He, 
ficcordingly,  returned  the  order  of  council  in  a  letter,  inform- 
ing them,  that  ho  h:vj  weighed  the  matter  well,  and  had  found 
it  utterly  out  of  his  power,  to  convey  military  stores  to  such  a 
distance,  through  an  enemy's  country;  he  added,  that  he  was 
mortified  to  find,  that  tlie  people  of  Kentucky  must  look  for 


40  HISTORY  OF  KENTtJCKY. 

assistance  elsewhere,  than  in  their  native  state;  which,  how- 
ever, he  had  no  doubt  they  could  obtain ;  that  a  country  ichich 
was  not  worth  defending,  was  not  worth  claiming.  The  delibe- 
rations of  the  council  on  this  letter  of  Clark's,  are  unknown; 
but  they  may  easily  be  conceived  from  the  sagacity  and  patriot- 
ism, which  shone  so  brilliantly  in  the  government  of  Virginia, 
at  whose  head  the  great  Henry  then  presided.  On  the  receipt 
of  this  letter,  Clark  was  sent  for,  and  an  order  of  council 
passed  on  the  23d  of  August,  1776,  for  conveying  the  gunpow- 
der desired,  to  Pittsburgh,  "to  be  safely  kept  and  delivered  to 
Mr.  George  Rogers  Clark,  or  his  order,  for  the  use  of  the  said 
inhabitants  of  KentucM.''''  This  is  the  first  step  in  the  long  and 
affectionate  intercourse,  which  has  subsisted  between  Kentucky 
and  her  parent  commonwealth ;  and  obvious  as  the  reflection 
is,  it  may  not  be  omitted,  that  on  the  transportation  of  five  hun- 
dred weight  of  gunpovvder,  hung  the  connexion  between  Vir- 
ginia and  the  splendid  domain,  which  she  afterwards  obtained 
on  the  west  of  the  Alleghany  mountains.  To  this  compromise 
of  the  council,  Clark,  influenced  by  attachment  to  his  native 
state,  acceded ;  and  immediately  wrote  to  his  friends  in  Ken- 
tucky of  his  success,  desiring  them  to  transport  the  powder 
down  the  Ohio  to  Kentucky.  This  letter  they  never  received. 
At  the  fall  session  of  the  legislature  of  Virginia,  Messrs. 
Jones  and  Clark  laid  the  Kentucky  petition  before  that  body : 
they  were  of  course  not  admitted  to  legislative  seats,  though 
late  in  the  session,  in  despite  of  the  exertions  of  Colonels  Hender- 
son and  Campbell,  they  obtained  the  erection  of  the  county  of 
Kentuchj,  which  then  embraced  the  limits  of  the  present  State 
of  that  name.  Thus,  our  political  organization  was  prin- 
cipally obtained  by  the  generous  daring  of  George  Rogers 
Clark,  who  must  be  ranked  as  the  earliest  fovndcr  of  the  com- 
monwealth. This  mea.surc  gave  it  form  and  pressure,  and  enti- 
tled it,  under  the  constitution  of  Virginia,  to  a  representation  in 
the  legislature,  as  well  as  to  a  judicial  and  military  arrange- 
ment. Clark  hiid  his  associate  having  obtained  these  impor- 
tant benefits  for  the  country,  were  preparing  to  come  again  to 
the  interesting  colony;  when  they  heard  that  the  supply  ofgui>- 


niSTOEY   OF   KEXTTTCKr.  41 

j50wder,  obtained  with  so  much  painful  effort,  still  lay  at  Pitts- 
burgh.    Jones  and  himself  then  determined  to  return  by  that 
place,  for  an  article,  so  precious  in  the  condition  of  the  frontier. 
At  Fort  Pitt,  they  found  many  Indians  lurking  aboat,  apparently 
for  the  purpose  of  making  treaties;  but  who,  in  reality  were 
acting  as  spies  upon  the  movements  of  our  countrymen,  whose 
intention  to  descend  the  Ohio  they  seemed  to  suspect,  and 
would  apparently  interrupt.     In  this  state  of  things,  our  party 
resolved  to  prosecute  their  voyage  without  delay,  and  with  no 
more  than  seven  boatmen,  with  indefatigable  exertions,  pursued 
the  whole  way  by  Indians,  they  got  safe  to  Limestone  ci-eek. 
They  went  up  this  small  stream  with  their  boat,  and  hiding 
their  cargo  in  different  places  in  the  woods,  along  its  banks,  at 
considerable  distances  apart;  they  turned  their  boat  adrift,  and 
directed  their  course  to  Harrod's  Town,  to  procure  a  sufncient 
escort  for  the  powder.     On  their  way  through  the  woods,  the 
party  came  to  a  solitary  cabin  of  Hingston's  on  the  west  fork 
of  Licking  creek.     While  resting,  here,  some  men,  who  had 
been  surveying,  happened  at  the  same  place,  and  informed 
them,  that  as  yet  the  Indians  had  not  done  much  injury;  and 
that  Colonel  John  Todd  was  in  the  neighborhood  with  a  small 
body  of  men;  that  if  they  could  be  met  with,  there  would  be 
sufficient  force  to  escort  the  povrder  to  its  destination.     Clark, 
however,  with  his  usual  promptitude,  after  having  Avaited  for 
some  time,  in  vain,  for  Colonel  Todd,  set  off  fur  Harrod's  Town, 
a.ccompanied  by  tv/o  of  the  men,  leaving  the  residue  vrith  Mr. 
Jones,    to  remain  at  Kingston's.     Soon  after  Clark    had  de- 
parted. Colonel  Todd  arrived;  and  upon  being  informed  of  the 
military  stores  left  at  the  river,  thinking  his  force  was  now  suf- 
ficient to  effect  their  removal,  he  marched  with  ten  men  for  this 
purpose.     When  they  had  reached  tb.e  country  about  the  Blue 
Licks,  they  met  on  the  25th  of  September,  with  an  Indian  party, 
which  were  following  the  trail  of  Clark  and  his  companions; 
they  attacked  the  whites  with  such  vigor,  as  to  rout  them  en- 
tirely, having  killed  Jones,  and  som.c  others,  and  took  some 
prisoners.     Fortunately  for   Kentucky,  the  prisoners  proved 
true  to  their  countrymen,  and  preserved  (he  secrct  of  the  stores 

D* 


42  HISTORY   OF   KENTTJCKY. 

inviolate,  while  the  party  detached  from  Harrod's  Town,  brought 
them  safely  to  their  over-joyed  friends.  On  the  29th  of  Decem- 
ber, a  large  body  of  Indians  attacked  M'Clellan's  fort,  on  Elk- 
horn,  killed  M'Clellan,  his  wife,  and  two  others,  which  drove 
the  residue  of  the  people  to  Harrod's  Town.  This  necessa- 
rily produced  great  alarm;  it  was  soon  much  increased  by 
an  attack  of  the  Indians  upon  James  Ray,  his  brother,  and 
another  man,  who  were  clearing  some  land  about  four  miles 
from  Harrod's  Town,  at  the  present  residence  of  this  venerable 
and  distinguished  pioneer.  The  hostile  party  consisting  of 
forty-seven  warriors  under  command  of  Blackfish,  a  celebrated 
chief,  attracted  by  the  noise  of  the  axes,  rushed  upon  the  little 
party  of  choppers,  killed  the  younger  Ray,  and  took  the  third 
man  prisoner.  The  elder  Ray  escaped  by  his  uncommon  swift- 
ness of  foot.  So  remarkable  was  this  young  woodsman  for  his 
running,  that  Blackfish  mentioned  to  Boone  the  next  year, 
when  he  took  the  latter  prisoner  at  the  Blue  Licks,  that  some 
boy  at  Harrod's  Town  had  outrun  all  his  warriors. 

Fortunate  it  was  for  the  infant  fort,  that  Ray  possessed  such 
nimbleness  of  foot;  for  without  his  escape,  the  station  might 
have  been  surprised  in  the  same  manner,  in  which  the  party 
had,  at  the  Shawnee  springs.  By  his  information  every  thing 
was  done  to  strengthen  the  fort,  and  prepare  for  the  expected 
storm.  On  the  next  morning,  the  Indians  with  the  precaution 
usual  to  them  not  to  prosecute  an  expedition,  immediately  after 
any  circumstance  has  happened,  calculated  to  put  an  enemy 
on  his  guard ;  did  not  appear  before  the  fort,  until  the  next 
morning,  on  the  7th  of  ]\Iarch,  1777.  The  militia  had  been 
organized  but  two  days  before.  The  Indians  began  their  attack 
by  setting  fire  to  an  out  cabin  on  the  cast  side  of  the  town ;  this, 
the  men  not  believing  to  be  the  act  of  the  enemy,  rushed  out 
of  the  fort  to  extinguish.  The  attempt  was  now  made  to  inter- 
cept their  return ;  our  people  retreated  until  they  got  to  a  piece 
of  woods,  which  then  covered  the  hill,  now  occupied  by  the 
court-house  in  Harrodsburg,  where  each  took  to  a  tree,  or  treed, 
as  it  was  termed  in  tlic  language  of  the  times.  In  this  conflict, 
one  Indian  was  killed,  and  four  of  the  whites  were  wounded, 


HISTORY   OF  KENTUCKY.  43 

one  of  whom  died;  they  made  good  their  retreat  to  the  fort,  and 
the  Indians  soon  afterwards  withdrew.  Daring  the  year  1777, 
they  collected  in  great  numbers  round  this  devoted  place,  so  as 
to  prevent  any  corn  from  being  raised  about  the  town.  In  this 
period  of  danger  and  scarcity,  Ray  but  seventeen  years  old, 
used  to  rise  before  day,  and  with  one  old  horse,  the  only  one 
left  by  the  Indians  of  forty  head  brought  to  Kentucky  by  his 
father-in-law,  Major  McGary,  proceeded  as  cautiously  as  possi- 
ble to  Salt  river;  and  riding  in  the  water,  as  well  as  in  the  bed 
of  some  stream,  on  leaving  the  river,  in  order  to  conceal  his 
route.  When  sufficiently  out  of  hearing,  he  would  kill  his  load 
of  meat;  this  he  would  bring  to  the  suffering  garrison  by  night 
fall:  while  elder  hunters,  stimulated  by  these  boyish  exploits, 
attempting  the  same  enterprise,  were  killed  by  the  Indians. 

In  the  course  of  this  summer,  one  McConnel  was  trying  his 
gim  near  the  fort  at  a  mark,  in  company  with  Hay,  when  tlie 
former  was  suddenly  shot  dead.  His  companion  following  the 
direction  of  the  shot,  perceived  the  enemy;  but  while  he  was 
attempting  to  revenge  the  death  of  his  friend,  he  found  himself 
suddenly  attacked  by  a  large  body  of  Indians,  who  had  crept  up 
unseen.  For  one  hundred  and  fifty  yards,  Ray  was  exposed 
to  their  fire  in  making  his  retreat,  which  he  accomplished  with 
his  usual  speed.  But  when  he  approached  the  fort  of  Harrods- 
burg,  the  people  did  not  dare  to  open  the  gate  for  his  admission. 
In  this  most  critical  situation,  pursued  by  a  band  of  savages, 
and  refused  shelter  by  his  friends,  Ray,  had  no  other  alter- 
native, than  to  throw  himself  flat  on  the  ground  behind  a  stump, 
which  was  just  large  enough  to  protect  his  bod)' .  He  lay  in  this 
situation  for  four  hours,  under  the  fire  of  the  Indians,  whose 
balls  would  every  now  and  then  throw  up  the  ground  upon  him. 
Here  he  lay  within  seven  steps  of  the  fort  wall,  and  his  motlier 
within  sight  of  her  son,  in  this  perilous  condition;  still  the 
enemy  did  not  venture  to  come  within  fire  from  the  fort.  It 
was  now  that  Ray,  on  the  suggestion  of  the  moment,  hollow- 
ed out,  "  for  God's  sake  dig  a  hole  under  the  cabin  wall,  and 
take  me  in."  Strange  as  the  expedient  was,  it  was  immediately 
adopted,  and  the  young  hunter  was  introduced  in  this  strange 


44  HISTORY   OF   KEXTrCKir. 

way;  though  not  quite  like  the  Grecians  of  old,  once  more  to 
the  friends,  who  so  much  dep€n<]ed  on  his  arm,  and  bj"-  whom 
he  was  6o  much  beloved. 

During  the  fall  of  this  year,  in  order  to  make  up  the  deficiency 
arising  from  having  raised  no  corn,  the  people  of  the  fort  de- 
termined to  make   a  turnip  patch,  about  two  hundred  yards 
northwest  of  the  station;  while  clearing  the  ground,  an  Indian 
was  shot  at  by  the  guard  and  the  men  retired.     The  next  day 
the  cattle  were  perceived  to  be  disturbed,  and  snuffing  the  air 
about  a  small  field  in  the  furthest  corner,  that  had  been  allowed 
to  grow  up  in  very  high  weeds.     The  presence  of  the  ene- 
my was  instantly   suspected;  and  that  they  were  concealed 
there ;  so  sure  were  the  cattle  to  betray  the  neighborhood  of 
Indians  by  their  uneasiness,  produced  either  at  their  sight,  or 
by  the  smell  of  the  Indian  paint.     Yet  it  was  never  known  to 
be  manifested  at  the  sight  of  white  men ;  although  the  latter 
might  be  exposed  to  all  the  same  occasions  of  peculiar  odour, 
contracted  by  killing  the  game,  cooking  and  sleeping  in  the 
woods.    This  indication  prompted  Major  George  Rogers  Clark, 
to  turn  the  ambuscade  upon  the  enemy.  For  this  purpose  some 
men  were  still  kept  in  the  turnip  patch,  nearest  to  the  fort, 
working,  and  occasionally  hollowing  to  their  companions  to 
come  out  to  their  work;  while  a  party  of  men  under  Clark 
went  back  of  the  field,  where  they  came  upon  the  rear  of  the 
Indians  lying  concealed  in  the  weeds.     Four  of  the  Indians 
were  killed;  one  by  Clark,  another  by  Ray;  the  first  he  ever 
despatched.     The  white  party  then  pursued  the  Indians  until 
they  came  to  the  remains  of  a  large  Indian  encampment,  now 
deserted.     Here  they  found  within  four  hundred  yards  of  the 
fort,  down  the  creek,  two  ro^^s  of  camp  wiih  poles  between  for 
slinging  their  kettles,  that  might  have  accommodated  five  or 
six  hundred  Indians.  From  this  camp  the  enemy  had  issued  dur- 
ing the  preceding  summer  to  assail  the  station^^  which  they  had 
done  to  their  great  discomfiture,  and  the  destruction  of  their  horses 
and  cuttle:  the  enemy  Imd  now  abandoned  their  position,  and  the 
party  which  had  just  been  pursued,  was  the  last  remnant  of 
this  great  Indian  force.  It  was  on  account  of  this  action,  Major 


llISTORT   OF    KENTUCKY.  45 

Clark  complimented  General  Ray  with  the  gun  of  the  Indian, 
the  first  ever  killed  by  him ;  a  compliment  from  such  a  source, 
well  worthy  of  recollection  in  the  life  of  any  man;  the  rest  of 
the  Indian  property  discovered  in  the  camp,  was,  as  usual,  divi- 
ded by  lottery  among  the  captors. 

Hitherto  the  war  in  Kentucky  had  been  carried  on  by  the 
perseverance  and  the  gallantry  of  the  backwoodsmen  them- 
selves, with  little  assistance  from  the  power  of  Virginia,  ex- 
cepting that  which  was  procured  by  the  devotion  of  Messrs. 
Clark  and  Jones.  The  tremendous  strugfjle  of  tlie  Revolu- 
tion,  involving  every  thing  dear  to  a  free  and  generous  people, 
demanded  all  the  energies  of  the  commonwealth.  The  state 
had  not  disposable  means  to  act  on  so  remote  a  frontier;  nor 
does  the  government  of  Virginia  appear  to  have  been  dis- 
tinctly aware,  of  the  important  diversion  of  the  Indian  force, 
which  might  be  effected  by  supporting  the  exertions  of  Kentucky. 
As  little  did  she  perceive  the  rich  acquisitions  offered  to  her  mili- 
tary ambition  in  the  British  posts  in  the  western  country.  Yet 
every  Indian  engaged  on  the  frontier  of  the  Kentucky,  was  saved 
to  the  nearer  frontier  of  the  parent  state.  These  combined 
views  acquired  greater  weight  with  the  progress  of  the  Revo- 
lution, and  the  increasing  population  of  Kentucky;  they  were 
particularly  aided  by  the  ardent  and  impressive  representations 
of  Major  Clark.  He  had  witnessed  the  rise  and  growth  of 
tliis  section  of  the  country  from  its  earliest  buddings;  he  bad 
penetrated  its  condition  and  its  relations  with  the  instinctive 
genius,  which  stamped  him  the  most  consummate  of  the  wes- 
tern commanders.  He  had  seen  at  a  glance,  that  the  sources 
of  the  Indian  devastations  were  to  be  found  in  the  British 
possessions  of  Detroit,  St.  V^incents,  and  Kaskaskia.  The  heart 
rending  ravages  spread  by  the  barbarians  of  the  western  hemi- 
sphere, and  which  have  again  been  so  recently  displayed  in  our 
own  times,  were  stimulated  by  the  ammunition,  arras,  and  cloth- 
ing, supplied  at  these  military  station?.  If  they  could  be  taken, 
the  streams  of  hostility  which  had  ovcrllown  Kentucky  with  hor- 
rors, would  be  dried  up,  and  a  counter  influence  established 
over  the  savages.     Under  the  influence  of  these  views,  the  Go- 


46  niSTOUY   OF    KEXTUCKY. 

vernor  and  council  of  Virginia,  in  the  year  1778,  took  into 
consideration  the  policy  of  an  expedition,  against  the  strong 
holds  of  her  foes ;  though  situated  many  hundreds  of  miles  from 
the  main  seat  of  her  population  and  resources.  This  expedition 
must  be  mainly  attributed  to  the  genius  of  Clark,  who  had  fore- 
seen its  necessity  during  his  visits  to  Kentucky.     So  strongly 
was  he  impressed  with  the  importance  of  this  movement,  that 
in  the  summer  of  '77,  he  had  despatched  two  spies  of  the  names 
of  Moore  and  Dunn,  to  reconnoiter  the  situation  of  these  remote 
parts  of  the  enemy.     These  emissaries  reported  great  activity 
on  tho  part  of  the  militia,  as  well  as  the  most  extended  encour- 
agement to  the  Indians  in  their  barbarous  depredations  upon 
the  Kentucky  frontier;  yet,  notwithstanding  the  enemy  had 
essayed  every  art  of  misrepresentation  to  prejudice  the  French 
inhabitants  against  the  Virginians,  by  telling  them  that  these 
frontier  people  were  more  shocking  barbarians  than  the  savages 
themselves,  still  the  spies  reported  strong  traces  of  aftection 
for  the  Americans,  among  some  of  the  inhabitants.     Not  that 
the  spies,  or  any  body  else,  were  acquainted  w  ith  the  contem- 
plated expedition,  till  it  was  ripe  to  be  laid  before  the  Governor 
and  council  of  Virginia.     To  this  body  he  determined  to  sub* 
mit  the  matter;  when,  on  the  1st  of  October,  1777,  he  left  Ken- 
tucky.    At  this  time  he  says,  "  every  eye  was  turned  towards 
me,  as  if  expecting  some  stroke  in  their  favor;  some  doubted 
my  return,  expecting  I  would  join  the  army  in  Virginia.     I  left 
them  with  reluctance,  promising  them  I  would  certainly  return 
to  their  assistance,  which  I  had  predetermined."     He  remained 
a  considerable  time  at  Williamsburg,  settling  the  accounts  of 
the  Kentucky  militia,  and,  as  he  says,  "  making  remarks  on 
every  thing  I  saw  or  heard,  that  could  lead  me  to  a  knowledge 
of  the  disposition  of  those  in  power."     During  this  time  the 
genius  of  the  Republic  had  achieved  the  victory  of  Saratoga, 
and  the  spell  of  British  regulars,  like   that  of  British  sailors 
and  ships  in  more  recent  times,  was  broken.     The  spirits  of 
Virginia  may  well  be  supposed  to  have  partaken  of  tho  general 
triumph,  and  on  the  10th  of  December,  Clark  opened  the  plan 
of  the  Illinois  campaign  to  Governor  Henry.     At  first  the  Go- 


IIISTORV    OF   KENTUCKY.  47 

vernor  was  captivated  by  the  brilliant  prospect  of  strikino-  such 
a  fatal  blow  against  the  enemy,  and  in  the  heart  of  their  savage 
allies;  yet  a  detachment  on  so  distant  a  service,  appeared 
hazardous  and  daring  to  an  alarming  degree;  particularly  as 
the  secrecy  indispensable  to  success,  forbade  the  communica- 
tion of  the  plan  to  the  legislature.  The  Governor  held  several 
private  conferences  on  this  interesting  measure,  with  several 
gentlemen  of  high  character,  who  inquired  minutely  into  Clark's 
plans,  and  particularly  into  his  proposition,  in  case  of  repulse, 
(which  seems  to  have  been  quite  expected)  to  retreat  to  the 
Spanish  possessions  on  the  west  side  of  the  Mississippi.  The 
result  of  these  deliberations  was,  a  full  approbation  of  the 
scheme,  and  in  order  to  encourage  the  men,  these  *patriotic 
gentlemen,  like  worthy  sons  of  Old  Virginia,  pledged  them- 
selves by  an  instrument  of  writing;  in  case  of  success,  to  esert 
their  influence  to  obtain  from  the  Legislature,  a  bounty  of  three 
hundred  acres  of  land  for  every  person  in  the  expedition.  The 
executive  and  his  council,  now  entered  so  warmly  into  the 
scheme,  that  every  thing  was  expedited  with  "  very  little  trou- 
ble" to  Clark.  So  that,  on  the  2d  of  January,  1778,  he  received 
two  sets  of  instructions;  one  public,  directing  him  to  proceed 
to  Kentucky  for  its  defence;  and  the  other  secret,  ordering  an 
attack  on  the  British  post  at  '■'■  Kaslxuslii.''''  The  humane  and 
generous  spirit  in  which  these  instructions  of  the  immortal 
Henry  were  penned,  will  ever  reflect  honor,  amidst  the  provo- 
cations of  a  relentless  enemy,  on  the  early  councils  of  Vii-ginia. 
They  form  a  monument  of  durable  glory  in  the  Revolutionary 
annals  of  our  parent  state.  Twelve  hundred  pounds  (in  depre- 
ciated paper  it  is  presumed)  were  advanced  to  Colonel  Clark, 
with  suitable  orders  on  the  Virginia  ofticer  at  Fort  Pitt  for  am- 
munition, boats,  and  all  other  necessary  equipment.  Major 
William  B.  Smith  was  despatched  to  the  settlement  on  Ilolston, 
to  recruit;  as  well  as  Captains  Leonard  Helm,  of  Fauquier, 
Joseph  Bowman,  of  Frederick,  William  Harrod,  and  several 
others,  in  other  quarters.    It  was  desired  by  the  government, 

*  Georse  WyUic,  Gcoree  Mason,  and  Thomas  Jefferson,  in  their  letter  to  George  Ro- 
^rs  Clark, Esq.,  January  3,  li  i8. 


48  HI9T0ET    OF   HJliVTUCKy. 

that  the  troops  should  be  raised  west  of  the  Blue  Ridge,  so  as 
not  to  weaken  the  Atlantic  defence.  On  the  4th  of  February, 
Colonel  Clark  set  off',  "  clothed  with  all  the  authority"  he  says, 
"  I  could  wish."  At  Fort  Pitt,  he  met  with  some  difficulties  aris- 
ing from  the  disputed  dominion,  which  then  agitated  the  friends 
of  Pennsylvania  and  Virginia;  many  thought  the  detachment  of 
troops  to  Kentucky,  was  a  wanton  dispersion  and  division  of 
strength.  The  secrecy  of  his  real  destination,  and  the  ostensi- 
ble one  of  Kentucky,  led  many  to  declare  it  better  to  remove 
the  Kentuckians,  than  weaken  the  country  by  undertaking  their 
defence.  Little  did  these  objectors  know  the  innate  vigor,  the 
indomitable  energy  of  the  backwoodsmen  of  Kentucky,  and  of 
the  west,  when  they  talked  of  removing  them  like  so  many 
chattels.  At  this  very  time,  Clark  received  letters  from  Ken- 
tucky, informing  him  of  their  increased  strength  since  he  had 
left  them;  and  from  Major  Smith,  that  he  had  raised  four  com- 
panies for  the  expedition,  among  the  people  of  the  Holston  set- 
tlements. This  intelligence,  toiiether  with  the  knowledge  that 
Captains  Helm  and  Bowman's  companies  would  join  him  at 
Redstone,  the  present  Brownsville,  on  the  Monongahela,  render- 
ed Colonel  Clark  less  strenuous  in  urging  his  levies  about  Pitts- 
burgh. It  was  late  in  the  season  before  he  could  depart  with 
three  companies,  and  "  a  considerable  number  of  families  and 
private  adventurers."  The  voyage  was  prosecuted  as  it  re- 
ijuired  to  be,  with  great  caution ;  at  the  mouth  of  the  Great  Ken- 
hawa.  Colonel  Clark  was  pressed  by  a  Captain  Arbuckle,  com- 
manding the  fort  at  that  point,  to  join  him  in  pursuit  of  a  party  of 
two  hundred  and  fifty  Indians,  who  had  attacked  him  the  day  be- 
fore ;  and  had  now  directed  their  course  against  the  settlements  on 
Greenbrier  river.  The  temptation  of  success  was  great,  but 
the  importance  of  his  own  expedition  was  greater,  and  fortu- 
nately for  his  country,  Clark  knew  his  duty  too  well,  and  dis- 
charged It  too  faithfully,  to  be  diverted  from  his  purpose.  lie 
continued  his  course  to  the  mouth  of  the  Kentucky  river;  here, 
ho  landed,  and  for  some  time  thought  of  fortifying  a  post  at  this 
place;  but  looking  to  his  more  western  destination,  very  judi- 
ciously abandoned  his  intention  for  a  more  desirable  position  at 


HISTORY   OF   KENTUCKV.  49 

the  Falls :  where  the  craft  of  the  river  trade  would  be  compelled 
to  stop,  in  order  to  prepare  for  the  passage  of  the  Rapids,  and 
which,  without  fortification,  would  be  much  exposed  to  the 
hostilities  of  the  Indians.  At  the  former  place,  Clark  had  the 
mortification  to  hear,  that  the  company  of  Captain  Dillard  was 
the  only  one  of  Major  Smith's  men,  who  had  arrived  in  Ken- 
tucky. He  immediately  wrote  to  Colonel  Bowman,  informino- 
him  of  his  nitention  to  fix  a  post  at  the  Falls;  and  that  havino- 
an  object  in  view  of  the  greatest  importance  to  the  country,  he 
desired  Bowman  to  meet  him  at  that  place,  with  all  the  men  re- 
cruited by  Smith,  and  as  many  others,  as  could  be  spared  from 
the  interior  stations.  The  detachment  proceeded  to  the  Falls 
where  he  selected  and  fortified  Corn  Island,  opposite  to  Louis- 
ville. On  the  arrival  of  Colonel  Bowman's  party,  the  forces 
of  the  country  were  found  too  weak,  to  justify  takino'  many 
from  Kentucky;  Clark,  therefore,  engaged  but  one  company, 
and  part  of  another,  fro.m  this  quarter,  expecting  them  to  be  re- 
placed by  the  troops  of  Major  Smith.  Here  Clark  disclosed  to 
the  troops  his  real  destination  to  Kaskaskia;  and  honorably  to 
the  gallant  feelings  of  the  times,  the  plan  was  ardently  concur- 
red in  by  all  the  detachment,  except  the  company  of  Caotain 
Dillard.  The  boats  were,  therefore,  ordered  to  be  well  secured 
and  sentries  were  placed  where  it  was  supposed,  the  men  mi^ht 
wade  across  the  river  to  the  Kentucky  shore.  This  was  the 
day  before  Ciark  intended  to  start;  but  a  little  before  light,  the 
greater  part  of  Captain  Dillard's  company  with  a  Lieutenant, 
whose  name  is  generously  spared  by  Colonel  Clark,  passed  the 
sentinels  unperccivcd,  and  got  to  the  opposite  bank.  The  dis 
appointment  was  cruel,  its  consequences  alarming;  Clark  im- 
mediately mounted  a  party  on  the  horses  of  the  Harrodsburt^ 
gentlemen,  and  sent  after  the  deserters  with  orders  to  kill  all 
who  resisted ;  the  pursuers  overtook  the  fugitives  about  twenty 
miles  in  advance;  these  soon  scattered  through  the  woods,  and 
excepting  seven  or  eight,  who  were  brought  back,  suffered  most 
severely  every  species  of  distress.  The  people  of  Harrod's 
Town  felt  the  baseness  of  the  Lieutenant's  conduct  so  keenly, 
and  resented  it  with  such  indignation,  that  they  would  not  for 

E 


50  iiisTonr  of  kentuckv. 

some  time,  let  him  or  his  companions,  into  the  fort.  On  the 
return  of  this  detachment  from  the  pursuit,  a  day  of  rejoicing 
was  spent  between  the  troops  about  to  descend  the  river,  and 
those  who  were  to  return  on  a  service,  little  inferior  in  danger 
and  privation,  the  defence  of  the  interior  stations.  The  next 
day,*  when  the  sun  was  in  a  total  eclipse,  the  boats  passed  the 
Falls.  This  circumstance  divided  the  men  in  their  prognosti- 
cations, but  not  quite  with  the  terror  and  alarm  we  read  of  in 
ancient  armies.  All  the  baggage  beyond  what  was  necessary  to 
equip  the  party  in  the  barest  Indian  manner,  was  left  behind, 
as  the  commander  had  determined,  in  order  to  mask  his  opera- 
tions, to  march  to  Kaskaskiaby  land)  from  the  nearest  point  on 
the  Ohio.  Colonel  Clark  for  some  time  meditated  a  blow  against 
St.  Vincents,  but  en  reviewing  his  little  body,  consisting  after  a 
rio-id  selection  of  but  four  companies,  under  Captains  Jo.  Mont- 
gomery, L.  Helm,  Joseph  Bowman,  and  William  Harrod;  he 
determined  to  prosecute  the  original  object  of  his  expedition. 
The  facility  of  retreat  to  the  Spanish  possessions,  as  well  as 
the  more  dispersed  state  of  the  French  settlements  in  the  Illi- 
nois, as  it  was  called,  seem  to  have  had  great  weight  in  this 
selection.  To  this  was  added,  a  hope,  that  he  might  attach  the 
French  to  the  American  interest,  whose  influence  over  the  In- 
dians throughout  these  extensive  territories,  was  strengthened 
by  time,  and  maintained  by  a  tact  and  versatility,  which  have 
been  undiminished  for  two  centuries.  To  this  day  our  inter- 
preters, our  spies,  and  some  of  the  subordinate  agents,  are 
Frenchmen.  Spaniards  have  always  been  much  despised,  and 
are  so  at  this  day  on  the  Mexican  frontier;  the  English  are  not 
much  regarded,  our  own  countrymen  arc  dreaded,  but  the 
French  are  beloved.  On  the  passage  down  the  river,  Colonel 
Clark  mo.Si  fortunately  received  a  letter  from  Colonel  John 
Campbell,  of  Fort  Pitt,  informing  him  of  the  French  alliance,  a 
circumstance,  as  subsequent  events  shewed,  of  the  utmost  mo- 
ment to  the  American  arms.  At  the  mouth  of  Tennessee,  the 
party  landed  on  an  Lsland,  which  is  called  jBaritaria,  in  the 

*  Thin  must,  by  tlic  calal')!.'ue  of  crlipsos,  liavn  liappem.il  on  tlie  04tU  of  June,  1~8, 
wlii-ii  llierc  was  a  solar  (Tlipsi.'.     i^cc  I"cr;;iisi()rrs  'J'alilrs. 

t  Pojsibly  a  mistake  from  the  obscurity  of  the  iiiaiiuscript. 


HISTORY    OF     KENTUCKY.  51 

memoirs  of  Clark;  a  few  hours  after  his  arrival,  a  person  of 
the  name  of  John  Diift',  and  a  party  of  hunters,  were  stopped 
by  the  guard.  These  persons,  though  originally  from  the  Ameri- 
can settlements,  had  recently  come  from  Kaskaskia,  and  com- 
municated the  most  important  intelligence:  from  them  it  was 
learned,  that  M.  Rocheblave  commanded  at  Kaskaskia ;  that 
the  militia  were  kept  in  good  order;  spies  were  stationed  on  the 
Mississippi;  and  all  Indians  and  hunters  ordered  to  keep  a  sharp 
look  out  for  the  rebel  Virginians.  The  fort,  which  commanded 
the  town,  was  kept  in  good  order,  as  a  place  of  retreat;  but  with- 
out a  regular  garrison,  and  the  military  defence  was  attended 
to,  as  a  matter  of  parade,  rather  than  from  any  expectation  of  its 
necessity  to  guard  against  an  attack.  If  this  should  be  antici- 
pated, the  force  of  the  place,  they  said,  was  capable  of  giving 
the  Americans  a  warm  reception ;  the  inhabitants  were  led  by 
the  British  to  entertain  the  most  horrid  apprehensions  of  our 
countrymen,  as  more  barbarous,  and  more  to  be  dreaded,  than 
the  Indians  themselves.  But  if  we  could  surprise  the  place, 
these  hunters  thought,  there  would  be  no  doubt  of  our  capturing 
it;  they  offered  their  services  to  effect  this  result,  and  solicited 
to  be  employed.  This  offer  was  readily  accepted,  and  the 
whole  meeting  proved,  a  most  essential  service,  in  the  absence 
of  all  intelligence  from  the  enemy's  country,  since  the  return 
of  the  spies  employed  by  Clark  in  the  previous  year.  One 
portion  of  their  information  particularly  pleased  him,  and  which 
he  determined  to  employ  to  promote  his  purposes;  it  was  the 
dread  and  horror  in  which  our  countrymen  were  held  by  the 
inhabitants.  In  consequence  of  this  sentiment,  he  thought  the 
more  violent  the  shock  might  be,  which  his  arrival  should  pro- 
duce, the  stronger  would  be  their  sensibility  to  his  lenity,  so 
little  to  be  expected  from  the  barbarians  they  were  represented. 
In  fact.  Colonel  Clark  determined  to  enlist  this  national  appre- 
hension in  his  service,  and  employ  it  as  an  auxiliary  to  his  di- 
minutive forces. 

Every  thing  being  ready  for  the  march,  the  boats  dropped 
down  a  short  distance  above  Fort  Massac,  (contracted  I'rom 
Massacre)  where  they  were  concealed;  and  the  party  marched 


52  HISTORY   OF   KENTt'CKY. 

with  their  commander  at  their  head,  sharing  in  every  respect 
the  condition  of  his  men,  in  a  northwest  direction,  through  the 
present  State  of  IlUnois,  for  the  ancient  French  village  ofKas- 
kaskia.  This  march  Avas  attended  by  little  that  was  unusual  in 
these  times  of  privation,  beyond  the  ordinary  sufferings  of  such 
expeditions  through  the  forests.  Game  and  water  were,  how- 
ever, scarce  5  but  on  the  third  day,  John  Saunders,  the  principal 
guide,  got  so  bewildered,  that  he  had  forgotten  all  the  features 
of  the  country.  This  excited  immediate  suspicion,  and  a  gene- 
ral cry  arose  amcng  the  men,  to  put  the  traitor  to  death ;  he 
solicited  permission  of  his  Colonel  to  go  into  a  prairie,  which 
was  full  in  view,  to  try  and  recover  himself.  His  application 
was  granted;  but  some  men  were  sent  with  him  to  prevent  his 
escape,  and  he  was  sternly  told,  that  if  he  did  not  conduct  the 
detachment  into  the  hunters'  road,  which  lead  into  Kaskaskia^ 
from  the  east,  and  which  he  had  frequently  described  and  tra- 
velled, leading  through  a  country  not  easily  forgotten  by  a 
woodsman;  he  should  surely  be  hung.  After  an  hour  or  two 
spent  in  examining  the  neighborhood,  the  poor  fellow  discover- 
ed a  spot  which  he  perfectly  recollected,  and  his  innocence  was 
established.  On  the  evening  of  the  4th  of  July,  1778,  the  ex- 
pedition reached  within  a  few  miles  of  the  town,  where  it  lay 
until  dark,  when  the  march  was  continued;  a  house  was  thea 
taken  possession  of,  about  three  quarters  of  a  mile  above  the 
town,  which  lay  on  the  opposite,  or  westerly  side  of  the  Kas- 
kaskia  river.  Here  it  was  learned,  that  the  militia  had  a  few 
days  before  been  under  arms;  but  no  cause  of  real  alarm  hav- 
ing been  discovered,  at  that  time,  every  thing  was  quiet;  that 
there  was  a  "  great  number  of  men  in  the  town;  the  Indians 
had,  however,  mostly  gone."  A  sufficient  quantity  of  boats  tor 
transportation  of  the  troops  was  soon  procured;  two  divisions  of 
the  party  cro.«.scd  the  river,  with  orders  to  repair  to  different 
pats  of  the  town;  while  Colonel  Clark,  with  the  third  divi.«ion, 
took  possession  of  the  fort  (afterwards  called  Fort  Clark)  on 
this  side  of  the  river,  in  point  blank  shot  of  the  town.  Should 
this  detachment  meet  with  no  resistance,  upon  a  sign.al  given, 
the  other  two  parties  were  directed,  to  possess  with  a  shout, 


niSTOEr   OF  KEXTUCKV.  53 

certain  quarters  of  the  town;  and  to  send  persons  who  could 
speak  French,  through  the  streets  to  give  the  inhabitants  notice, 
*'that  every  man  of  the  enemy,  who  should  appear  in  them, 
would  be  shot  down."     These  dispositions  had  the  most  com- 
plete success;  the  fort  was  taken;  Clark  entered  it  bv  *•' a 
postern  gate  left  open  on  the   river  side  of  the  fortification" 
■which  was  "  shewn  by  a  hunting  soldier,  who  had  been  taken 
prisoner  the  evening  before."     The  town  of  about  two  hundred 
and  fifty  houses  was  surrounded,  every  avenue  guarded  to  pre- 
vent communication  of  intelligence,  and  "  in  about  two  hours 
the  inhabitants  were  disarmed,"  without  one  drop  of  bloodshed. 
During  the  night,  our  men  were  ordered  to  patrol  the  town  with 
the  utmost  tumult  and  whooping,  after  the  Indian  fashion,  while 
the  inhabitants  preserved  the  most  profound  silence.     The  arti- 
fice, however  painful  and  alarming  to  their  feelings,  was,  at 
least,  one  of  the  most  innocent  stratagems  of  war.     M.  Roche, 
blave,  or  Rocheblawe,  as  Mr.  Jefferson  has  it,  the  British  Go- 
vernor was  taken  in  his  chamber;  but  very  few  of  his  public 
papers  could  be  secured,  as  they  were  secreted  or  destroyed,  it 
was  supposed  by  his  wife.     This  lady  is  represented  as  pre- 
suming a  good  deal  on  the  gallantry  of  our  countrymen,  by  im- 
posing  upon  their  delicacy  towards  herself,  for  the  purpose  of 
screening  the  public  property  and  papers,  trem  the  hands  of  the 
Americans.     But  better,  ten  thousand  times  better  were  it  so, 
than,  that  the  ancient  fame  of  the  sons  of  Virginia,  should  have 
been  tarnished   by — insult  to  a  female.     Although  it  was  sus- 
pected that  many  important  papers  might  be  concealed,  in  the 
trunks  of  the  Governor's  lady;  they  were,  however,  honorably 
respected,  and  not  examined.  During  the  night  several  persons 
were  sent  for  to  obtain  intelligence,  but  little  information  could 
be  procured,  beyond  what  had  been  already  received,  except 
that  a  considerable  body  of  Indians  lay  at  this  time  in  the  neiffh- 
borhood  of  Cahokia,  about  sixty  miles  higher  up  the  j\Iississippi; 
and  that  jM.  Cere,  (the  father  of  the  present  jMadame  Auguste 

»  Judee  David  Todd,  of  Missouri,  obligingly  communicated  this  circumstance,  from  tlie 
papers  of  tlie  late  General  Levi  Todd,  who  acted  as  aid  lo  Colonel  Clark.  Our  couiitry- 
pien  were  called  Bostoni,  by  the  French  at  ihis  time. 


54  HISTORY   OF   KEXTUCKY. 

Chouteau.)  of  St.  Louis,  the  principal  merchant  of  Kaskaskia^ 
was,  at  that  time,  one  of  the  most  inveterate  enemies  of  the 
Americans.  This  gentleman  had  left  the  town  before  Clark 
had  captured  it,  and  was  now  at  St.  Louis,  on  his  way  to  Quebec, 
whence  he  had  lately  returned,  in  the  prosecution  of  extensive 
commercial  operations:  his  family,  and  an  extensive  assortment 
of  merchandise,  were  in  Kaskaskia.  By  means  of  these  pledges 
in  his  power.  Colonel  Clark  thought  to  operate  upon  M.  Cere, 
whose  influence  was  of  the  utmost  consequence  in  the  condition 
of  the  American  interest,  if  it  could  be  brought  to  be  exerted 
in  its  favor.  With  the  view  of  gaining  this  gentleman,  a  guard 
was  immediately  placed  round  his  house,  and  seals  placed  on 
his  property,  as  well  as  on  all  the  other  merchandise  in  the 
place.  On  the  fifth,  the  troops  were  whhdrawn  from  the  town 
to  different  positions  around  it;  during  these  movements,  as  all 
intercourse  with  the  soldiers  had  been  forbidden  under  heavy 
punishment,  and  even  those  who  were  sent  for  by  Clark,  had 
also  been  ordered  to  have  no  communication  with  the  rest;  dis- 
trust and  terror  overspread  the  town.  In  possession  of  an  ene- 
mv,  of  whom  the  inhabitants  entertained  the  most  horrid  appre- 
hensions, and  all  intercourse  either  with  one  another,  or  with 
their  conquerors  sternly  prohibited,  the  anticipations  of  the  in- 
habitants might  well  be  gloomy.  In  this  state  ofthings,  after  the 
removal  of  the  troops,  the  people  were  permitted  to  walk  about 
freely;  when  finding  they  were  busy  in  conversation  with  one 
another,  a  few  of  the  j)rincipal  militia  ofliccrs  were  apprehended 
by  orders  of  Clark,  and  put  in  irons  without  assigning  any  rea- 
son, or  suffering  any  defence.  This  immediately  produced 
general  consternation,  and  the  worst  consequences  were  ex- 
pected from  the  enemy,  whom  their  suspicions  had  invested 
with  such  terrors.  Yet  these  measures  were  taken  from  no 
wanton  cruelty,  for  of  all  men.  Colonel  Clark  enjoyed  the  mild- 
est and  most  afTcctionatc  disposition,  and  he  severely  felt,  as  he 
says,  every  hardship,  he  believed  himself  compelled  to  inflict. 
After  some  time,  M.  Gibault,  the  priest  of  the  village,  got  per- 
mission with  five  or  six  elderly  gentlemen,  to  wait  on  Colonel 
Clark.     Shocked  as  the  citizens  had  been  by  the  sudden  cap- 


HISTORY   OF  KENTUCKY.  55 

inte  of  their  town,  and  by  such  an  enemy  as  their  imaginations 
had  painted,  this  party  were  still  more  evidently  shocked  when 
thev  entered  Clark's  quarters,  at  the  appearance  of  him  and  his  . 
officers.  Their  clothes  dirty  and  torn  by  the  briars,  their  others 
left  at  the  river,  the  appearance  of  the  chiefs  of  this  little  band, 
was  indeed  frightful  and  savage,  as  Clark  himself  admits,  to  any 
eyes.     How  much  more  so  to  this  deputation,  may  be  easily 
conceived  by  those,  who  are  acquainted  with  the  refinement 
and  delicacy  of  the  ancient  French.     It  was  some  time  after 
entering  the  room  where  Clark  and  his  officers  were  seated,  be- 
fore they  could  speak;  and  not  then,  until  their  business  was 
demanded;  they  asked,  which  was   the  commander;  so  effec- 
tually had  this    backwoods  expedition  confounded  the   differ- 
ences of  rank.     The  priest  then  said,  that  the  inhabitants  ex- 
pected  to  be  separated,  perhaps  never  to  meet  again;  and  they 
begged  through  him,  to  be  permitted  to  assemble  in  the  church, 
to  take  leave  of  each  other.     Clark,  aware  they  suspected  their 
very  religion  to  be  obnoxious  to  our  people,  carelessly  told  him, 
that  he  had  nothing  to  say  against  his  church,  it  was  a  matter 
Americans  left  for  every  man  to  settle  with  his  God;  that  the 
people  might  assemble  at  church  if  they  would ;  but  at  the  same 
lime  if  they  did,  they  must  not  venture  out  of  town.     Some  fur- 
ther conversation  was  attempted  on  the  part  of  the  Kaskaskia 
gentlemen,  but  it  was  repelled  by  saying  there  was  no  longer 
leisure  for  further  intercourse,  in  order  that  the  alarm  might  be 
raised  to  its  utmost  height.     The  whole  town  assembled  at  the 
church,  even  the  houses  were  deserted  by  all  who  could  leave 
them.     Orders  were  honorably  given  to  prevent  any  soldiers 
from  entering  the  vacant  buildings;  the  people  remained  in  the 
church  for  a  considerable  time,  after  which,  the  priest  accom- 
panied by  several  gentlemen,  waited  on  Colonel  Clark,  and  ex- 
pressed in  the  name  of  the  village,  "  their  thanks  for  the  indul- 
gence they  had  received."    The  deputation  then  begged  leave, 
at  the  request  of  the  inhabitants,  to  address  their  conqueror  on 
a  subject,  which  was  dearer  to  thciu,  than  any  other;  they  were 
sensible,  they  said,  "  that  their  present  situation  was  the  late  of 
war,  and  they  could  submit  to  tiic  loss  of  their  property;  but 


56  HISTORY   OF   KENTUCKY. 

they  solicited,  that  they  might  not  be  separated  from  their  wives 
and  children  J  and  that  some  clothes  and  provisions  might  be 
allowed  for  their  further  support."     These  gentlemen  assured 
Colonel  Clark  that  tiicir  conduct  had  been  influenced  by  their 
commandants,  whom  they  considered  themselves  bound  to  obey ; 
nor  were  they  sure,  that  they  understood  the  nature  ol  the  con- 
test between  Great  Britain  and  the  United  States ;  as  the  oppor- 
tunities of  this  remote  region,  were  very  unfavorable  to  accu- 
rate information.     Indeed  many  of  the  inhabitants  had   fre- 
quently expressed  themselves  in  favor  of  the  Americans,  as 
much  as  they  durst.     The  utmost  hope  of  this  close  repetition  of 
the  case  of  the  citizens  of  Calais,  with  ropes  about  their  necks, 
at  the  mercy  of  the  third  Edward  of  England  was,  for  favor  to 
their  wives  and  children.     In  this  distress  of  the  villagers, 
Clark,  who  had  now  wound   up  their  terrors  to  the  desired 
height,  resolved  to  try  the  force,  which  the  lenity  his  whole 
heart  had  all  along  intended   to  grant,   might   receive   from 
the  sudden  contrast  of  feelings.     For  this  purpose,  he  abruptly 
asked  these  gentlemen,  "  do  you  mistake  us  for  savages?     I  am 
almost  certain  you  do,  from  your  language.     Do  you  think  that 
Americans  intend  to  strip  women  and  children,  or  take  the 
bread  out  of  their  mouths?"     "My  countrymen,"  said  Clark, 
disdain  to  make  war  upon  helpless  innocence;  it  Mas  to  prevent 
the  horrors  of  Indian  butchery  upon  our  own  wives  and  chil- 
dren, that  we  have  taken  arms  and  penetrated  into  this  remote 
strong  hold  of  British  and  Indian  barbarity;  and  not  the  despi- 
cable prospect  of  plunder.     That  now  the  King  of  France  had 
united  his  powerful  arms  Avith  those  of  America,  the  war  would 
not,  in  all  probability,  continue  long;  but  the  inhabitants  of 
Kaskaskia  were  at  liberty  to  take  which  side  they  pleased,  with- 
out the  least  danger  to  cither  their  property  or  families.     Nor 
would  their  religion  be  any  source  of  disagreement;  as  all  reli- 
gions were  regarded  with  equal  respect  in  the  eye  of  the  Ameri- 
can law,  and  that  any  insult  which  should  be  offered  it,  would 
be  immediately  punished.     And  now,  to  prove  my  sincerity, 
you  will  please  inform  your  fellow-citizens,  that  they  are  quite 
at  liberty  to  conduct  themselves  as  usual,  without  the  least  ap- 


HISTORY   OF   KE:yTUCKY.  57 

prehension;  I  am  now  convinced  from  what  I  have  learned 
since  my  arrival  among  you,  that  you  have  been  misinformed 
and  prejudiced  against  us  by  British  officers;  and  your  friends 
who  are  in  confinement  shall  immediately  be  released."     The 
agitation  and  joy  of  the  village  seniors,  upon  hearing  this  speech 
of  Clark,  may  well  be  conceived ;  they  attempted  some  apology 
for  the  implied  imputation  of  barbai'ians,  under  the  belief,  that 
the  property  of  a  captured  town  belonged  to  the  conquerors; 
Clark  gently  dispensed  with  this  explanation,  and  desired  them 
to   relieve   the  anxieties    of  the  inhabitants  immediately,  re' 
quiring  them  to  comply  strictly  with  the  terms  of  a  proclama- 
tion, which  he  would  shortly  publish.     The  contrast  of  feeling 
among  the  people  upon  learning  these  generous  and  magnani- 
mous intentions  of  their  conquerors,  verified  the  sagacious  an- 
ticipations of  Colonel  Clark.     In  a  few  moments  the  mortal  de- 
jection of  the  village,  was  converted  into  the  most  extravagant 
joy;  the  bells  were  set  a  ringing,  and  the  church  was  crowded 
with  the  people,  offering  up  thanks  to  Almighty  God  for  their 
deliverance  from  the  horrors  they  had  so  fearfully  expected. 
Perfect  freedom  was  now  given  to  the  inhabitants  to  go  or  come 
OS  they  pleased;  so  confident  were  our  countrymen,  that  what- 
ever report  might  be  made,  would  be  to  the  credit  and  success 
of  the  American  arms.     Some  uneasiness  was  still  felt  respect- 
ing Cahokia,  whose  capture,  Colonel  Clark  determined  to  at- 
tempt, and  gain  in  the  same  way,  if  possible,  as  he  had  taken 
Kaskaskia.     For  this  purpose,  Major  Bowman  was  ordered  to 
mount  his  company  on  horses,  with  part  of  another,  proceed  to 
Cahokia,  and  take  possession  of  the  village  for  the  state  of  Vir. 
ginia.     Upon  this  intention  being  known,  several  of  the  Kas- 
kaskia gentlemen  very  handsomely  ofiered  their  services  to 
join  our  men,  and  effect  any  thing  Colonel  Clark  desired.  They 
assured  him,  that  the  people  of  Cahokia  were  their  relations 
and  friends;  and  they  entertained  no  doubt  of  prevailing  upon 
tJiem  to  unite  in  the  same  political  attachments,  so  soon  as  the 
circumstances  in  which  they  were  placed,  should  be  fully  ex- 
plained to  them.     This  offer  Clark  readily  embraced;  it  indeed 
very  fortunately  presented  itself,  in  the  weakness  of  his  small 


58  HISTORY    OF   KENTUCKY. 

corps;  and  a  detachment,  little  inferior  in  strength  to  that  which 
had  invaded  the  country,  departed  for  this  new  conquest;  if 
such  acquisitions  by  mutual  consent,  can  well  be  called  so.  The 
French  party  were  commanded  by  their  former  militia  officers, 
and  all  set  off  in  high  spirits  at  this  new  mark  of  confidence 
under  the  free  government  of  Virginia.  On  the  6th  of  July,  the 
expedition  reached  its  destination  before  it  was  discovered  by 
tlie  inhabitants;  their  surprise,  as  might  well  be  expected,  was 
great,  at  this  visit  in  hostile  attitude.  The  cry  of  the  Big  Knife 
(the  formidable  appellation  of  the  Virginians  at  that  time)  being 
in  town,  spread  dreadful  alarm  among  the  helpless  part  of  the 
little  community;  this,  however,  was  soon  allayed,  when  the 
gentlemen  from  Kaskaskia  had  an  opportunity  of  narrating 
what  had  taken  place  at  their  own  village,  and  the  conduct  of 
the  Americans.  The  alarm  of  the  people  was  soon  convert- 
ed into  huzzas  for  freedom  and  the  Americans;  and  Major 
Bowman  took  possession  of  the  British  fort  of  Cahokia.  The 
inhabitants  in  a  few  days  took  the  oath  of  allegiance,  and  every 
thing  promised  the  utmost  harmony.  This  visit  Of  our  country- 
men soon  dispersed  a  body  of  Indians.  Mho  were  encamped  in 
the  neighborhood  of  Cahokia,  at  that  time,  a  place  of  considera- 
ble trade. 


CHAPTER  IV 


Plan  aenJnRt  St.  Vincents— Thanks  of  Virpinia— Pt.  ViiircntB  revolts  from  the  British — 
M.  Ciirault — Illinois  comitv — Negotiations  with  New  Orleans— Indian  ncgotiatiood. 

But  though  Colonel  Clark  had  met  with  a  success  so  much 
beyond  his  means,  and  almost  beyond  his  expectations;  although 
tlic  country  was  entirely  subjected,  and  even  attached,  to  the 
American  government,  yet  his  uneasiness  was  great.  He  was 
fully  aware  of  the  critical  delicacy  of  his  situation,  and  the  ne- 
cessity of  exerting  all  the  address  he  was  master  of,  to  main- 
tain his  position  with  service  to  his  country,  and  honor  to  him- 
self.    A  close  understanding  was  cultivated  with  the  Spanish 


HISTORY    OF   KE>TrcKV.  59 

officers  on  the  opposite  side  of  the  Mississippi ;  as  every  influ- 
ence was  required  to  counteract  the  extended  agency  and  con- 
trol of  the  British;  who  had  distributed  the  bloody  belt  and 
hatchet  from  Lake  Superior  to  Detroit,  and  the  Mississippi.  In 
tliis  long  chain  of  intrigue  with  the  Indians,  post  St.  Vincents 
formed  an  important  link;  not  only  from  the  warlike  character 
of  the  adjacent  tribes,  but  from  their  contiguity  to  Kaskaskia, 
and  the  settlements  of  Kentucky.  Yet  it  was  utterly  beyond  the 
force  at  the  command  of  Clark,  "  joined  by  every  man  in  Ken- 
tucky ;"  he,  therefore,  resorted  to  other  means.  The  American 
soldiers  were  instructed  to  speak  of  the  Falls  of  Ohio,  as  the 
head  quarters  of  the  army,  from  which  the  present  troops  were 
only  a  detachment;  that  reinforcements  were  daily  expected 
from  that  point,  which  was  fortifying,  and  that  when  they  arrived, 
more  extensive  military  movements  would  take  place.     Some 
such  artifice  was  necessary  to  excuse  the  apparent  rashness  of 
invading  the  Illinois,  with  so  small  a  force.     Courts  of  civil  ju. 
risdiction  were  likewise  established  by  Clark,  which  were  held 
by  French  judges,  freely  chosen  by  the  people,  leaving  an  ap- 
peal to  Clark.     About  this  time,  M.  Cere,  who  was  mentioned 
before,  uneasy  that  his  family  at  Kaskaskia  should  be  the  only 
one  placed  under  a  guard,  and  fearful  of  venturing  into  the 
power  of  the  American  officer  without  a  safe  conduct;  procured 
the  reconunendation  of  the  Spanish  Governor  at  St.  Louis,  as 
well  as  the  commandant  at  St.  Genevieve,  supported  by  the  in- 
fluence of  the  greater  part  of  the  citizens,  for  the  purpose  of  ob- 
taining this  security.  It  was  all  in  vain;  Colonel  Clark  peremp- 
torily refused  it;  and  intimated,  that  he  wished  to  hear  no  more 
such  applications;  that  he  understood  M.  Cere  was  "  a  sensible 
man,''  and  if  he  was  innocent  of  the  charge  of  inciting  the  In- 
dians against  the  Americans,  he  need  not  be  afraid  of  deliver- 
ing himself  up.     This  backwardness  would  only  increase  tlie 
suspicion  against  him.     Shortly  after  this  expression  of  Clark's 
sentiments,  M.  Cere  to  whom  they  were  no  doubt  communicated, 
repaired  to  Kaskaskia,  and  without  visiting  his  family,  imme- 
diately waited  on  Colonel  Clark;  who  informed  him  that  the 
crime  with  which  he  stood  charged  was,  encouraging  the  In- 


60  HISTORY   OF   KE^'TTCKV. 

dians  in  their  murders  and  devastations  on  our  own  frontiers- 
An  enormity,  whose  perpetrators,  continued  the  American 
commander,  it  behooved  every  civilized  people  to  punish, 
whenever  they  got  such  violators  of  the  laws  of  honorable  war- 
fare within  their  power.  To  this  accusation,  M.  Cere  frankly 
replied;  that  he  was  a  mere  merchant,  and  had  never  been  con- 
cerned in  affairs  of  state  beyond  what  the  interests  of  his  busi- 
ness required;  moreover,  his  remote  position  had  prevented 
him  from  understanding  the  merits  of  the  war,  now  raging  be- 
tween the  United  States  and  Great  Britain.  He  defied,  he  said, 
any  man  to  prove,  that  he  had  encouraged  the  Indian  barbari- 
ties; while  many  could  be  produced,  who  had  heard  him  express 
his  disapprobation  of  all  such  cruelties;  though,  at  the  same 
time,  it  was  necessary  to  inform  Colonel  Clark,  that  there  were 
numbers  indebted  to  him,  who  might,  by  his  ruin,  seek  to  dis- 
charge their  pecuniary  obligations  to  him.  In  fine,  this  emi- 
nent French  merchant  declared  his  willingness  to  support  the 
strictest  inquiry  into  the  only  heinous  charge  against  him. 
This  was  every  thing  the  American  officer  required;  he  desired 
M.  Cere  to  retire  into  another  room,  while  he  sent  for  his  accu- 
sers; they  immediately  attended,  followed  by  the  greater  part 
of  the  inhabitants.  M.  Cere  was  summoned  to  confront  them,  the 
former  immediately  shewed  their  confusion  at  his  appearance; 
the  parties  were  told  by  Colonel  Clark,  that  he  had  no  disposition 
to  condemn  any  man  unheard;  that  M.  Cere  was  now  present, 
and  he  (Clark)  was  ready  to  do  justice  to  the  civilized  world  by 
punishing  him  if  guilty  of  inciting  the  Indians  to  commit  their 
enormities  on  helpless  women  and  children.  The  accusers  be- 
gan to  whisper  to  one  another  and  retire:  until  but  one  was 
left  of  six  or  seven  at  first;  this  person  was  asked  for  his  proof, 
but  he  had  none  to  produce,  and  M.  Cere  was  honorably  ac- 
quitted, not  more  to  his  own  satisfaction,  than  to  that  of  his 
neighbors  and  friends.  He  was  then  congratulated  by  Colonel 
Clark  upon  his  acquittal,  and  informed,  that  although  his  be- 
coming an  American  citizen,  would  be  highly  acceptable,  yet 
if  he  did  not  sincerely  wish  to  do  so,  he  was  perfectly  at  liberty 
to  dispose  of  his  property,  and  to  remove  elsewhere.     Cere  de- 


HISTORY   OF   KENTUCKY.  61 

liorhted  at  the  fair  and  generous  treatment  he  had  met  with, 
immediately  took  the  oath  of  allegiance,  and  became  a  "  most 
valuable"  friend  to  the  American  cause. 

So  successful  was  the  management  of  Clark,  that  whether  he 
bribed,  or  whether  he  punished,  both  methods  were  made  con- 
ducive to  the  public  interest.     In  this  case,  he  seems  to  have 
kept  up  an  appearance  of  rigor  for  the  very  opportunity  of  en- 
hancing the  indulgence,  he  wished  and  determined  to  exercise : 
reserve  in  favors,  was  a  common  feature  of  his  policy.     As  an 
exhibition  of  Colonel  Clark's  tact  in  governing  under  the  criti- 
cal circumstances  in  which  he  was  placed,  this  detail  has  been 
thought  necessary.     The  narration  has  now  arrived  at  the  com- 
plete reduction  of  the  French  settlements,  in  the  present  State 
of  Illinois;  not  more  by  the  force  of  arms  than  by  the  adroit 
policy  of  the  American  commander,  and  the  good  disposition  of 
the  inhabitants.     The  American  government,  too,  was  then  in 
alliance  with  their  ancient  countrymen,  Avhose  dominion,  no 
doubt,  still  clung  affectionately  round  their  hearts.     In  this  wav 
was  reduced  the  ancient  town  of  Kaskaskias,  which  had  been 
settled  two  years  before  the  city  of  Philadelphia,  now  flourish- 
ing so  nobly  under  the  auspices  of  American  liberty;  as  dis- 
tinguished for  her  fame  in  learning  and  in  the  arts,  as  she  is  re- 
nowned for  her  virtues  and  opulence.     While  to  exhibit  the 
fluctuating   condition  of   things,  Kaskaskia,  her  predecessor 
planted  under  the  protection  of  a  powerful  monarchy,  numbers 
but  ninety-six  persons,*  and  is  almost  a  deserted  village,  filled 
with  ruins  of  the  nicest  masonry.  Colonel  Clark,  with  his  brave 
officers  and  men,  on  the  23d  of  November,  1778,  was  voted  the 
thanks  of  the  House  of  Delegates,  "  for  their  extraordinary  reso- 
lution and  perseverance  in  so  hazardous  an  enterprise,  and  for 
the  important  services  thereby  rendered  their  country." 

Post  St.  Vincents  still  continued  to  occupy  the  thoughts  of 
Clark  as  a  point  of  great  importance  to  the  safety  of  his  present 
position,  and  to  the  extension  of  the  Virginia  dominion.  "  It  was 
never"  he  says,  "out  of  my  mind;"  it  had  indeed  occupied  his 
thoughts ;  it  has  been  seen  in  his  first  descent  down  the  Ohio, 

*  Censua  of  1830. 

F 


62  HISTORY   OF   KE>TrcKY. 

and  was  only  relinquished  at  that  time  from  his  weakness- 
His  early  inclinations  were  revived  by  his  success  at  Kaskas- 
kia,  and  he  sent  for  M.  Gibault,  the  Roman  Catholic  priest  of 
his  village,  as  well  as  that  of  St.  Vincents.     This  gentleman, 
who  subsequently  received  the  public  thanks  of  Virginia  for  his 
distinguished  services,  had  been  steadily  attached  to  the  Ameri- 
can cause ;  he  readily  gave  Colonel  Clark  every  information  he 
desired;  told  him  that  Governor  Abbot  had  lately  gone  on  busi- 
ness to  Detroit,  and  that  a  military  expedition  from  the  Falls 
ao-ainst  St.  Vincents,  which  Clark  pretended  to  raeditatey  waa 
scarcely  necessary.     He  indeed  offered,  if  it  met  the  approba- 
tion of  Colonel  Clark,  to  "  take  the  business  on  himself,  and  he 
had  no  doubt  of  his  being  able  to  bring  that  place  over  to  the 
American  interest  without"  he  said,  "  my  being  at  the  trouble 
of  marching  against  it."     Nor  is  it  unfair  to  believe,  that  this 
patriotic  priest  must  have  taken  into  consideration  the  interests 
of  his  parishioners,  by  endeavoring  to  save  them,  if  possible, 
from  the  chances  of  military  spoil  and  violence. 

The  generous  and  equal  spirit  which,  the  ancient  church  of 
Rome  had  so  rightfully,  yet  so  rarely  has  met,  at  the  hands  c^ 
Protestant   conquerors,  and  the  beneficent  administration    of 
Clark,  all  united,  no  doubt,  to  propagate  the  American  influence, 
and  extend  its  arms.     To  these  offers  of  M.  Gibault,  Clark  most 
readily  acceded;  for  it  was  the  fondest  wish  of  his  heart,  yet  he 
scarcely  ventured  to  believe  he  should  realize   it;  and,  more- 
over, at  the  desire  of  the  clergyman,  a  Dr.  Lafont  was  associated 
as  a  temporal  member  of  the  embassy.     The  principal  charge 
was,  however,  in  the  hands  of  M.  Gibault.  On  the  14th  of  July, 
the  French  gentlemen  accompanied  by  a  spy  of  Clark's,  an 
additional  security  which  he  seems,  scarcely  ever  to  have  neg- 
lected in  his  enterprises,  set  off  for  St.  Vincent's,  or  *0.  Post, 
as  it  was  very  often  called.     After  full  explanations  of  the  state 
of  affairs  between  the  priest  and  his  flock,  in  two  or  three  days, 
the  inhabitants  threw  off  the  British  government,  and  assem- 
bling in  a  body  at  the  church,  they,  in  the  most  solemn  manner, 
took  the  oath  of  allegiance  to  the  commonwealth  of  Virginia. 

»  A  corruption  of  Au  Poste. 


HISTORr   OF   KENTUCKY. 


63 


A  commandant  was  elected,  and  the  American  flag  immediately 
displayed  over  the  fort,  to  the  astonishment  of  the  Indians. 
Thus  again  fell  another  of  the  French  villages  established  about 
1745,  owing  to  the  pure  good  will  of  the  inhabitants  towards 
the  American  government;  and  another  barrier  of  counteract- 
ing influence  over  the  barbarous  hostilities  of  the  Indians,  was 
gained  for  Kentucky.  The  savages  were  told  by  their  French 
friends,  "  that  their  old  Father,  the  King  of  France,  was  come  to 
life  again,  and  was  mad  with  them  for  fighting  for  the  English ; 
that  if  they  did  not  wish  the  land  to  be  bloody  with  war,  they 
must  make  peace  with  the  Americans." 

About  the  1st  of  August,  M.  Gibault  and  party,  returned  with 
the  joyful  intelligence,  of  having  peaceably  adjusted  every 
thing  at  St.  Vincents  in  favor  of  the  American  interest;  no  less 
to  the  astonishment  of  Clark,  than  to  his  gratification,  and  that 
of  the  inhabitants  of  Kaskaskia.  A  new  source  of  perplexity 
jiow  opened  itself  on  Clark ;  it  was  the  expiration  of  the  three 
months  for  which  his  troops  had  been  enlisted.  But  the  discre- 
tionary powers  so  wisely  lodged  with  an  officer  acting  on  so 
remote  a  stage,  and  under  such  embarrassing  difficulties,  de- 
termined him  not  to  divest  himself  of  the  only  American 
{>ower,  on  which  he  could  rely  upon  any  emergency;  and  to 
strain  his  authority,  for  the  preservation  of  that  interest,  for 
which  it  was  conferred  upon  him.  He,  therefore,  re-enlisted 
his  men  upon  a  new  footing,  raised  a  company  among  the  na- 
tive inhabitants  commanded  by  their  own  officers,  established 
a  garrison  at  Kaskaskia  under  the  command  of  Captain  Wil- 
liams, and  another  at  Cahokia,  under  that  of  Captain  Bowman. 
Colonel  William  Linn,  who  had  accompanied  the  expedition  as 
a  volunteer,  now  took  charge  of  the  troops,  who  wished  to  re- 
turn and  was  the  bearer  of  orders  from  Colonel  Clark,  to  es- 
tablish a  fort  at  the  Falls  of  Ohio.  This  order  was  executed 
by  building  a  stockade  fort  at  the  termination  of  the  present 
Twelfth  street,  on  the  easterly  side  of  the  large  ravine,  that 
opens  to  the   river   at  that  point.*     Here   was  planted   the 

*  The  fort  here  mentioned,  was  in  1782,  succeeded  by  a  larger  one,  built  by  the  rejular 
troops  assisted  by  the  militia  from  all  the  settled  parts  of  the  district.    It  was  situated  be- 


64  HISTORY   OP    KENTUCKY. 

thrifty  germ  of  Louisville,  now  the  emporium  of  Kentucky,  and 
which  seems  fairly  destined  to  grow  with  the  countless  pros- 
perity of  this  great  republic,  with  whose  remotest  commerce 
and  continued  union,  she  is  vitally  connected.  Captain  John 
Montgomery  was  despatched  to  Richmond,  in  charge  of  M. 
Rocheblave,  the  British  commandant  of  Kaskaskia. 

In  regard  to  this  officer,  who  expressed  himself  with  great 
bitterness  of  the  Americans,  and  the  natives  who  had  sided 
with  them.  Colonel  Clark  exerted  himself  very  much,  to  pi'o- 
cure  a  restoration  to  Mrs.  Rocheblave,  of  his  slaves,  that  had 
been  seized  as  public  plunder.  This  was  attempted  by  inviting 
him  to  a  dinner  with  some  of  the  officers,  as  well  as  with  his 
acquaintance,  where  this  restitution  was,  it  seems,  to  have 
been  offered;  but  it  Avas  entirely  frustrated  by  the  violent  and 
insulting  language  of  the  former  commandant;  he  called  them 
a  parcel  of  rebels,  and  provoked  such  indignation  that  he  was 
immediately  sent  to  the  guard  house ;  all  further  thoughts  of  sav- 
ing his  slaves  were  now  abandoned.  They  were  subsequently 
sold  for  the  amount  of  five  hundred  pounds,  and  the  proceeds 
divided  among  the  troops  as  prize  money.  The  Governor  of  Vir- 
ginia was  informed  of  the  whole  of  Clark's  proceedings,  and  the 
appointment  of  a  civil  commandant  was  desired  by  him,  who 
should  take  charge  of  the  political  afl'airs  of  this  secluded  portion 
of  the  commonwealth.  In  consequence  of  this  recommendation, 
an  act  was  passed  in  October,  1778,  establishing  the  county  of 
Illinois,  and  embracing  within  its  boundary  all  the  chartered 
limits  of  Virginia,  west  of  the  Ohio  river.  There  was  also  au- 
thorized the  raising  of  a  regiment  of  five  hundred  men,  and  the 
opening  communications  with  New  Orleans  for  their  support. 

twccn  llio  prrscnl  Sixth  niid  KigliUi  strpcts,  on  tlir  iiortlicrn  sido  of  Main  street,  immedi- 
ately on  the  I'link  ofthe  river.  In  honor  of  tlie  third  repnhliraii  (5ovcrnor  of  Virginia, 
the  fort  vvasrallcd  Fort  Nelson.  Hcventh  street  passed  tlnonch  tlie  lirst  gate  opposite  to 
the  head  quarters  of  General  Clarli  Tlie  principal  military  defence  in  this  part  of  the 
country  deserves  n  few  more  partiiularp.  It  contained  aliont  an  acre  of  ground, and  was 
snrroun<led  by  a  ditch  <'ight  feet  deep  and  ten  fe(a  wide,  inter.>;erted  in  the  middle  liy  n  row 
of  sharp  picltels;  this  ditih  was  surmounted  hy  a  breast  work  of  log  pens  or  enclosures, 
tilled  with  the  cartli  obtainc  d  from  tlie  ditch,  with  pickets  ten  fi^et  bigli  planted  on  the  toji 
of  tlie  breast  work.  Next  to  the  river,  pickets  alone  x\(Me  deemed  siillicient,  aided  by  tlic 
long  slope  ofthe  river  liank.  t^ome  of  the  ri  mains  of  these  pirkets  were  dug  up  in  the 
Huninicr  of  IHIi'.',  in  excavating  the  cellar  of  Mr.  John  Love's  stores  on  Main  street,  oppo- 
site to  the  J.ouisnillc  Ilniel.  Tlierc  was  artillery  in  the  fort,  particularly  a  double  forti- 
fied brass  piece,  wliici)  was  captured  by  Chirk  at  Vincennes.  Tliis  piece  played  no  in- 
considerable part  in  the  military  operations  of  this  period,  infignificaiit  as  it  may  op|K;ar  to 
the  eyes  of  o  regular  military  critic. 


MiSTORV  OP  Kentucky.  65 

Colonel  John  Todd,  who  afterwards  lost  his  life  with  so  much 
regret,  at  the  battle  of  the  Blue  Licks,  received  the  appointment 
of  civil  commandant  and  Lieutenant  Colonel  of  the  county;  a 
mark  of  much  honorable  confidence  in  a  new  and  distant  pro- 
vince of  Virginia.  About  the  middle  of  August,  Captain  Leon- 
ard Helm  was  appointed  by  Colonel  Clark  commandant  at  St. 
V'incents,  and  "  agent  for  Indian  affairs  in  the  department  of 
the  Wabash."  This  oflicer  was  particularly  recommended  to 
Clark  for  his  knowledge  of  the  department,  and  by  the  general 
prudence  of  his  character.  As  Clark  intended  to  place  a  strong 
garrison  at  this  post,  when  the,  reinforcements,  which  he  ex- 
pected from  Virginia  should  arrive.  Captain  Helm  was  made 
fully  acquainted  with  his  plans,  and  received  his  utmost  con- 
fidence. 

Near  the  post  of  St.  Vincents,  there  was  a  chief  by  the  name 
of  Tobacco's  son  whose  name  appears  in  the  deed  to  the  Wti- 
bash  Company  in  1775,  as  Tabac*     This  chief  was  compli 
mented  by  his  countrymen  with  the  title  of  the  Grand  Door 
of  the  Wabash,  as  the  Great  Ponliac  or  Pondiac,  used  to  be 
called  the  Grand  Door  of  St.  Joseph's;  and  nothing  of  impor- 
tance respecting  the  Wabash  country  was  undertaken  with- 
out the  consent  of  the  former  chief.     To  conciliate  him  and 
win  over  his  influence,  Captain  Helm  was  instructed  to  use 
every  exertion:  messages  had  indeed  been  interchano-ed  bv 
Colonel  Clark  with  this  chief,  through  M.  Gibault,  on  his  late 
mission.     This  intercourse  was  renewed  by  Captain  Helm, 
soon  after  his  arrival  at  St.  Vincents,  where  he  was  received  by 
acclamation  on  the  part  of  the  people.     In  an  Indian  council 
opened  by  the  American  agent  with  the  Grand  Door,  he  deliv- 
ered him  a  friendly  talk  from  Colonel   Clark,  inviting  him  to 
unite  with  the  Big  Knife,  and  his  old  Father,  the  King  of  France. 
To  this  letter,  with  the  usual  circumspection  of  the  Indian  cha- 
racter, the  chief  declined  giving  an  answer,  until  he  had  assem- 
bled his  councillors;  although  he  was  glad  to  see  one  of  the  Bio- 
Knife  chiefs.     It  was  true,  he  had  fought  together  with  the  Eng- 
lish, yet  he  had  thought  they  always  looked  gloomy;  in  all  thi.- 

*  Land  Law  of  ttic  United  States,  940. 

F  * 


66  HISTORY   OF   KEXTUCKY. 

intercourse,  the  Grand  Door  observed  the  ceremony  of  the  most 
courtly  dignity,  in  which  he  was  exactly  followed  by  Captain 
Helm ;  so  that  it  was  several  days,  before  the  council  was  con- 
cluded. At  length  Captain  Helm  was  invited  to  attend  a  meet- 
ing of  the  chiefs,  in  Avhich  Tobacco's  son  informed  him,  that 
"  the  sky  had  been  very  dark  with  the  war  between  the  Big 
Knife  and  the  English;  but  now  it  was  cleared  up.  The  Big 
Knife  was  in  the  right,  and  perhaps  if  the  English  conquered 
them,  they  might  serve  the  Indians  in  the  same  way.*"  Tobacco 
then  jumped  up,  struck  his  breast,  and  said, "  he  had  always  been 
a  man  and  a  warrior,  and  now  he  was  a  Big  Knife,  and  would 
tell  the  Red  people  to  bloody  the  land  no  more  for  the  English ;" 
he  then  shook  Captain  Helm  by  the  hand,  and  his  example  was 
followed  by  all  his  chiefs  to  the  great  advantage  of  the  whites. 
This  chief  is  said  to  have  remained  a  true  friend  to  the  Ameri- 
cans, until  his  death;  which  happened  about  two  years  after, 
when,  at  his  desire,  he  was  buried  with  the  honors  of  war,  near 
the  fort  of  Cahokia.  The  conduct  of  Tobacco  had  a  wide  in- 
fluence over  the  chiefs  on  the  Wabash  as  high  as  the  Weanti- 
non,  Ouatanon,  or  old  Wea  towns,  all  of  whom  followed  the 
example  of  their  Grand  Door,  in  making  peace  with  the  Ameri- 
cans. These  negotiations,  together  wtth  others  equally  impor- 
tant effected  by  Colonel  Clark  at  Cahokia,  in  a  short  time  under- 
mined the  British  influence  through  a  large  portion  of  these 
regions.  The  co-operation  of  the  French  interest  was  essen- 
tially productive  of  these  valuable  results;  the  Indians  implicitly 
confided  in  their  representations,  and  through  them,  the  Indians 
became  thoroughly  alarmed  at  the  power  of  the  Americans. 
The  treaties  held  by  Clark  commenced  about  the  1st  of  Septem- 
ber, and  were  conducted  with  a  dignity  and  cfliciency,  as  well 
as  attended  with  such  remarkable  circumstances  as  to  deserve 
a  place  in  this  history. 

Colonel  Clark  had  always  thought  the  policy  of  inviting  the 
Indians  to  treat,  was  founded  in  a  mistaken  estimate  of  their 
character;  they  always  interpreted,  he  believed,  such  invita- 
tions as  evidences  either  of  fear  or  weakness,  or  both.  He, 
therefore,  studiously  avoided  every  invitation  of  the  sort;  and 


iriSTOKY  OP    KENTUCKY.  67 

Waited  for  the  Indians  to  request  a  treaty;  while  he  fought 
them  fiercely  and  energetically  until  they  did  so.  He  had, 
moreover,  made  himself  intimately  acquainted  with  the  French 
and  Spanish  modes  of  treating  the  Indians,  and  had  long  been 
devoted  to  the  study  of  the  Indian  character.  In  consequence 
of  this,  he  determined  to  guard  against  spoiling  the  Indians,  as 
had  been  too  much  the  case  with  the  English  at  treaties;  and 
to  use  the  strictest  reserve,  and  grant  presents  with  a  nig- 
gardly hand,  as  wrung  from  him,  rather  than  as  spontaneous 
and  willing  gratifications.  The  ceremonies  of  this  first  and 
ancient  council  of  our  countrymen,  with  these  remote  sons  of 
die  forest,  are  worth  recording.  The  various  parties  were  as- 
sembled, white  and  red;  the  chief  who  was  to  open  the  council, 
as  the  Indians  were  the  solicitors,  advanced  to  the  table  at  which 
Colonel  Clark  was  sitting,  '•  with  the  belt  of  peace  in  his  hand, 
another  with  the  sacred  pipe;  and  a  third,  with  fire  to  kindle  it; 
after  the  pipe  was  lighted,  it  was  presented  to  the  heavens,  then 
to  the  earth,  and  completing  a  circle,  was  presented  to  all  the 
spirits,  invoking  them  to  witness  what  was  about  to  be  done.  The 
pipe  was  now  presented  to  Colonel  Clark,  and  afterwards  to 
every  person  present.-'  After  these  formalities  the  speaker 
addressed  himself  to  the  Indians,  as  follows:  "Warriors,  you 
ought  to  be  thankful  that  the  Great  Spirit  has  taken  pity  on 
you,  has  cleared  the  sky,  and  opened  your  ears  and  hearts,  so 
that  you  may  hear  the  truth.  We  have  been  deceived  by  bad 
birds  flying  through  the  land,  (meaning  the  British  emissaries;) 
but  we  will  take  up  the  bloody  hatchet  no  more  against  the 
Big  Knife ;  and  we  hope,  that  as  the  Great  Spirit  iias  brought 
us  together  for  good,  as  he  is  good,  so  we  may  be  received  as 
friends ;  and  peace  may  take  the  place  of  the  bloody  belt."  The 
speaker  then  threw  in  the  middle  of  the  room,  the  bloody  belt 
of  wampum,  and  flags,  which  they  had  received  from  the  Bri- 
tish, and  stamped  upon  them  in  token  of  their  rejection.  To 
this  address,  Clark  very  guardedly  and  distantly  replied,  that 
"  He  had  paid  attention  to  what  had  been  said,  and  would  the 
next  day  give  them  an  answer,  when  he  hoped  the  hearts  of 
all  people  would  be  ready  to  receive  the  truth;  but  he  recom- 


68  HKTORY   OP   KENTUCKY. 

mended  them  to  keep  prepared  for  the  result  of  this  council, 
upon  which  their  very  existence  as  nations  depended.     He  de- 
sired them  not  to  let  any  of  our  people  shake  hands  with  them, 
as  peace  was  not  yet  made;  and  it  was  time  enough  to  give  the 
hand,  when  the  heart  could  be  given  also.     "  An  Indian  chief 
replied,  that  "  such  sentiments  were  like  men,  who  had  but  one 
heart,  and  did  not  speak  with  a  forked  tongue."     The  council 
then  rose  until  the  next  day,  when  Clark  delivered  the  follow- 
ing address  to  the  assembled  Indians,  which  is  taken  literally 
from  the  memoirs  of  Colonel  Clark.    "  Men  and  warriors :  Pay 
attention  to  my  words.     You  informed  me  yesterday,  that  the 
Great  Spirit  had  brought  us  together,  and  that   you  hoped, 
that  as  he  was  good,  it  would  be  for  good.     I  have  also  the 
same  hope,  and  expect  that  each  party  will  strictly  adhere  to 
whatever  may  be  agreed  upon,  whether  it  shall  be  peace  or 
war;  and  henceforward  prove  ourselves  worthy  of  the  attention 
of  the  Great  Spirit.     I  am  a  man  and  a  warrior,  not  a  council- 
lor; I  carry  war  in  my  right  hand,  and  in  my  left,  peace.  I  am 
sent  by  the  Great  Council  of  the  Big  Knife,  and  their  friends, 
to  take  possession  of  all  the  towns  possessed  by  the  English  in 
this  country,  and  to  watch  the  motions  of  the  Red  people :  to 
bloody  the  paths  of  those  who  attempt  to  stop  the  course  of  the 
river;  but  to  clear  the  roads  from  us  to  those,  that  desire  to  be 
in  peace;  that  the  women  and  children  may  walk  in  them  with- 
out meeting  any  thing  to  strike  their  feet  against.  I  am  ordered 
to  call  upon  the  Great  Fire  for  warriors  enougli   to  darken  the 
land,  and  that  the  Red  people  may  hear  no  sound,  but  of  birds 
who  live  on  blood.     I  know  there  is  a  mist  before  your  eyes;  I 
will  dispel  the  clouds,  that  you  may  clearly  sec  the  causes  of 
the  war  between  the  Big  Knife  and  the  English;  then  you  may 
judge  for  yourselves,  which  party  is  in  the  right;  and  if  you 
arc  warriors,  as  you  profess  yourselves  to  be,  prove  it  by  ad- 
hering faithfully  to  the  party,  which  you  shall  believe  to  be  en- 
titled to  your  friendship,  and  not  shew  yourselves  to  be  squaws. 
The  Big  Knife  is  very  much  like  the  Red  people,  they  don't 
know  how  to  make  blankets,  and  powder,  and  cloth;  they  buy 
these  things  from  the  English,  from  whom  they  are  sprung. 


HISTORY    OF   KENTUCKY.  69 

They  live  by  making  corn,  hunting  and  trade,  as  you  and  your 
neighbors,  the  French,  do.  But  the  Big  Knife  daily  getting 
more  numerous,  like  the  trees  in  the  woods,  the  land  became 
poor,  and  hunting^ scarce;  and  having  but  little  to  trade  with, 
the  women  began  to  cry  at  seeing  their  children  naked,  and 
tried  to  learn  how  to  make  clothes  for  themselves;  soon  made 
blankets  for  their  husbands  and  children;  and  the  men  learned 
to  make  guns  and  powder.  In  this  way  we  did  not  want  to  buy 
so  much  from  the  English;  they  then  got  mad  with  us,  and  sent 
strong  garrisons  through  our  country  (as  you  see  they  have 
done  among  you  on  the  lakes ,  and  among  the  French ;)  they 
would  not  let  our  women  spin,  nor  our  men  make  powder,  nor 
let  us  trade  with  any  body  else.  The  English  said,  we  should 
buy  every  thing  from  them,  and  since  we  had  got  saucy,  we 
should  give  two  bucks  for  a  blanket,  which  we  used  to  get  for 
one;  we  should  do  as  they  pleased,  and  they  killed  some  of  our 
people,  to  make  the  rest  fear  them.  This  is  the  truth,  and  tho 
real  cause  of  the  war  between  the  English  and  us ;  which  did 
not  take  place  for  some  time  after  this  treatment.  But  our 
women  became  cold  and  hungry,  and  continued  to  cry;  our 
young  men  got  lost  for  want  of  counsel  to  put  them  in  the  right 
path.  The  whole  land  was  dark,  the  old  men  held  down  their 
heads  for  shame,  because  they  could  not  see  the  sun,  and  thus 
there  was  mourning  for  many  years  over  the  land.  At  last  the 
Great  Spirit  took  pity  on  us,  and  kindled  a  great  council  Fire, 
that  never  goes  out,  at  a  place  called  Philadelphia;  he  then  stuck 
down  a  post,  and  put  a  war  tomahawk  by  it,  and  went  away.  The 
sun  immediately  broke  out,  the  sky  was  blue  again,  and  the  old 
men  held  up  their  heads,  and  assembled  at  the  fire ;  they  took  up 
the  hatchet,  sharpened  it,  and  put  it  into  the  hands  of  our  young 
men,  ordering  them  to  strike  the  English,  as  long  as  they  could 
find  one  on  this  side  of  the  great  waters.  The  young  men  imme- 
diately struck  the  war  post,  and  blood  was  shed:  in  this  way  the 
war  began,  and  the  English  were  driven  from  one  place  to 
another,  until  they  got  weak,  and  then  they  hired  you  Red 
people  to  fight  for  them.  The  Great  Spirit  got  angry  at  this, 
and  caused  your  old  Father,  the  French  King,  and  other  great 


70  HISTORY   OF  JiENTUCKY. 

nations  to  join  the  Big  Knife,  and  fight  with  them  against  all 
their  enepiies.  So  the  English  have  become  like  a  deer  in  the 
woods ;  and  you  may  see  that  it  is  the  Great  Spirit,  that  has 
caused  your  waters  to  be  troubled;  because  you  have  fought 
for  the  people,  he  was  mad  with.  If  your  women  and  chil- 
dren should  now  cry,  you  must  blame  yourselves  for  it,  and  not 
tlie  Big  Knife.  You  can  now  judge  who  is  in  the  right;  I  have 
already  told  you  who  I  am;  here  is  a  bloody  belt,  and  a  white 
one,  take  which  you  please.  Behave  like  men,  and  don't  let  your 
being  surrounded  by  the  Big  Knife,  cause  you  to  take  up  the 
one  belt  with  your  hands,  while  your  hearts  take  up  the  other. 
If  you  take  the  bloody  path,  you  shall  leave  the  town  in  safety, 
and  may  go  and  join  your  friends,  the  English;  we  will  theu 
try  like  warriors,  who  can  put  the  most  stumbling  blocks  ia 
each  others'  way,  and  keep  our  clothes  longest  stained  with, 
blood.  If,  on  the  other  hand,  you  should  take  the  path  of  peace, 
and  be  received  as  brothers  to  the  Big  Knife,  with  their  friends, 
the  French,  should  you  then  listen  to  bad  birds,  that  may  be 
flying  through  the  land,  you  will  no  longer  de  serve  to  be  count- 
ed as  men;  but  as  creatures  with  two  tongues,  that  ought  to  be 
destroyed  without  listening  to  any  thing  you  might  say.  As  I 
tim  convinced  you  have  never  heard  the  truth  before,  I  do  not 
wish  you  to  answer  before  you  have  taken  time  to  counsel. 
Wc  will,  therefore,  part  this  evening,  and  when  the  Great 
Spirit  shall  bring  us  together  again,  let  us  speak  and  think  like 
men  with  but  one  heart  and  one  tongue."  The  next  day  after 
this  speech,  a  new  fire  was  kindled  with  more  than  usual  cere- 
mony, and  the  Indian  speaker  came  forward,  and  said,  "  They 
ought  to  be  thankful  that  the  Great  Spirit  had  taken  pity  on  them, 
and  opened  their  ears  and  hearts  to  receive  the  truth.  He  had 
paid  great  attention  to  what  the  Great  Spirit  had  put  into  my 
heart  to  say  to  them.  They  believed  the  whole  to  be  the  truth, 
as  the  Big  Knife  did  not  speak  like  any  other  people,  they  had 
ever  heard.  They  now  saw  they  had  been  deceived,  and  that 
llie  English  had  told  them  lies,  and  that  I  had  told  them  the 
truth;  just  as  some  of  their  old  men  had  always  told  them. 
They  now  believed,  that  we  were  in  the  right,  and  as  the  Eng- 


HISTORY   OF   KENTUCKY.  71 

lish  had  forts  in  their  country  they  might,  if  they  got  strong 
enough,  want  to  serve  the  Red  people,  as  they  had  treated  the 

Big  Knife. 

The  Red  people  ought,  therefore,  to  help  us,  and  they  had 
with  a  cheerful  heart  taken  up  the  belt  of  peace,  and  spurned 
tliat  of  war;  they  were  determined  to  hold  the  former  fast,  and 
would  have  no  doubt  of  our  friendship  from  the  manner  of  our 
speaking,  so  different  from  that  of  the  English.  They  would  now 
call  in  their  warriors,  and  threw  the  tomahawk  into  the  river, 
where  it  could  never  be  found ;  they  would  suffer  no  more  bad 
birds  to  fly  through  the  land  disquieting  the  women  and  children. 
Thev  would  be  careful  to  smooth  the  roads  for  their  brothers, 
the  Big  Knife,  whenever   they   might  wish  to  come  and  see 

them. 

Their  friends  should  hear  of  the  good  talk  I  had  given  them, 
and  they  hoped  I  would  send  chiefs  among  them  with  my  eyes, 
to  see  myself  that  they  were  men,  and  strictly  adhered  to  all 
they  had  said  at  this  great  fire ;  which  the  great  spirit  had  kin- 
dled at  Cohokia,  for  the  good  of  all  people  who  Avould  attend  it." 

The  pipe  was  again  kindled,  and  presented  to  all  the  spirits, 
as  witnesses  of  the  transactions  ;  it  was  smoked,  and  the  coun- 
cil concluded  by  shaking  hands  among  all  the  parties,  White 
and  Red.  In  this  manner,  with  very  little  variety,  treaties  were 
concluded  with  many  tribes,  and  in  all  with  a  dignity  and  im- 
portance in  their  eyes,  little  inferior,  to  that  of  the  alliance  be. 
tween  the  United  States  and  France,  in  ours. 

Colonel  Clark  adhered  resolutely  to  a  determination  of  not 
appearing  to  caress  them;  and  he  even  apologized  for  making 
the  few  presents  he  did  confer,  by  attributing  them  to  the  great 
way  they  had  travelled,  having  expended  their  ammunition,  and 
worn  out  their  mockasons  and  leggins.  The  Indian  tribes  were 
aenerallv  so  much  alarmed,  that  the  conclusion  of  peace,  not. 
withstanding  Clark's  rcserv  e  and  disdain,  gave  them  perfect 
satisfaction.  This  state  of  mind  was  confirmed  by  the  report 
of  the  spies  whom  Colonel  Clark  kept  among  all  his  new  allies; 
as  well  as  the  less  doubtful  nations.  So  well  consolidated  was 
his  influence,  that  a  single  .soldier  could  be  sent  in  safety  among 


72  HISTORY    OF   KENTUCKY. 

the  Indians,  through  any  part  of  the  Wabash  and  Illinois  coun- 
try, to  the  heads  of  the  waters  discharging  themselves  into  the 
lakes,  and  into  the  Mississippi.  Here  the  British  still  maintained 
their  influence;  indeed  many  tribes  were  divided  between  them 
and  the  Americans.  Such  a  sudden  and  extensive  change 
amonor  the  Indians  in  our  favor,  is  to  be  mainly  attributed  to  the 
friendly  dispositions  of  the  French  traders  and  agents,  supported, 
however,  by  the  stern  and  commanding  influence  of  Colonel 
Clark.  It  required  all  his  tact,  united  with  the  control  and  co- 
operation of  the  French,  to  preserve  that  impression,  which  he 
had  made  at  first,  while  at  the  head  of  so  inadequate  a  force. 

Accordino-ly,  the  prospect  of  reinforcements  from  the  Falls 
was  constantly  held  out,  and  every  means  adopted  to  attach 
our  new  fellow-citizens  to  the  American  government.  No  fees 
was  exacted  by  the  commanding  officers,  or  in  the  weekly 
courts  which  were  occupied  by  the  business  and  disputes  of  the 
people;  a  contrast  most  favorable  to  American  influence.  The 
friendly  correspondence  with  the  Spanish  government,  and  the 
permission  of  some  trade  with  agents,  even  from  Canada,  all 
contributed  to  maintain  a  controling  influence  over  the  savages. 

An  incident  occurred  during  the  Indian  negotiations  of  no 
little  romantic  character.  A  party  of  Indians,  composed  of  strag- 
glers from  various  tribes,  by  the  name  of  Meadow  Indians,  who 
had  accompanied  the  other  tribes,  and  been  promised  a  great 
reward  if  they  would  kill  Colonel  Clark.     For  this  purpose,  they 
had  pitched  their  camp  about  a  hundred  yards  from  Clark's 
quarters ;  and  about  the  same  distance  in  front  of  the  fort,  on 
the  same  side  of  Cahokia  creek,  with  the  one  occupied  by  the 
Americans,     This  creek  was  about  knee  deep  at  the  time  of 
the  transaction,  and  a  plot  was  formed  for  some  of  these  Indians 
to  pass  the  creek  after  night,  fire  their  guns  in  the  direction  of 
the  Indians  on  the  other  side  of  the  creek,  and  then  fly  to  Colo- 
nel Clark's  quarters;  where  they  were  to  seek  admission,  on 
pretence  of  fleeing  from  their  enemies,  and  put  Colonel  Clark 
and  the  garrison  to  death.     About  one  o'clock  in  the  morning, 
while  Colonel  Clark  was  still  awake  with  the  multiplied  cares 
of  his  extraordinary  situation,  the  attempt  was  made ;  and  the 


History  op  Kentucky.  73 

flying  party  having  discharged  their  guns,  so  as  to  throw  suspi- 
cion on  the  other  Indians  5  came  running  to  the  American  camp 
for  protection,  as  they  said,  from  their  enemies  who  had  attacked 
them  from  across  the  creek.     This,  the  guard  which  proved  to 
be  in  greater  force  than  was  anticipated,  prevented  by  present- 
ing their  pieces  at  the  fugitives ;  who  were  compelled  to  return  to 
their  own  camp.     The  whole  town  and  garrison  were  now  im- 
mediately under  arms,  and  these  Indians,  whom  the  guard  had 
recognized  by  the  moonlight,  were   sent  for,  and  on  l)eing  ex- 
amined, they  declared  it  was  their  enemies,  v/ho  had  fired  upon 
them  from  across  the  creek;  and   that  they  had  sought  shelter 
among  the  Americans.     Some  of  the  French  gentlemen  who 
knew  these  Indians,  better  than  the  new  conquerors,  called  for 
a   light,   and   discovered  their  mockasons   and  Icggins  to  be 
quite  wet  and  muddy,  from  having  passed  the  creek,  over  to 
the  friendly  camps.  This  discovery  quite  confounded  the  assas- 
sins; and  as  there  were  a  great  many  Indians  of  other  tribes  in 
town,  Clark  thought  the  opportunity  favorable  to  convince  them 
of  the  .strictest  union  between  the  Americans  and  the  French: 
he,  therefore,  surrendered  the  culprits  to  the  French,  to  do  what 
they  pleased  with  them.     Secret  intimations   were,  however, 
given,  that  the  chiefs  ought  to  be  sent  to  the  guard  house  in 
irons;  which  were  immediately  executed.     In  this  manacled 
condition,  they  were  brought  everyday  into  the  council;  but 
not  suffered  to  speak  until  all  the  other  business  was  transacted; 
when  Colonel  Clark  ordered  their  irons  to  be  taken  off,  and 
told  them,  "  every  body  said  they  ought  to  die  for  their  treacher- 
ous attempt  upon  his  life,  amidst  the  sacred  deliberations  of  a 
council.  He  had  determined  to  inflict  death  upon  them  fur  their 
base  attempt,  and  they  themselves  must  be  sensible  that  Ihev 
had  justly  forfeited  their  lives;  but  on  considering  the  mean- 
ness of  watching  a  bear  and  catching  him  asleep,  he  had  found 
out  that  they  were  not  warriors,  only  old  women,  and  too  mean 
to  be  killed  by  the  Big  Knife.     But  as  you  ought  to  be  punished 
for  putting  on  a  breech  cloths  like  men,  they  shall  be  taken  away 
from  you,  plenty  of  provisions  shall  be  given  you  for  your  journey 
home;  as  women  don't  know  how  to  hunt,  and  during  vour  stav, 

G 


74  HISTORY   OF   KENTUCKT. 

von  shall  be  treated  in  every  respect,  as  squaws."  Then,  with- 
out taking  any  further  notice  of  these  offenders,  Colonel  Clark 
turned  off  and  began  to  converse  with  other  persons:  this  treat- 
ment appeared  to  agitate  the  offending  Indians  to  their  very 
hearts.     In  a  short  time  one  of  their  chiefs  arose  with  a  pipe 
and  belt  of  peace,  which  he  offered  to  Clark,  and  made  a  speech; 
but  at  that  time  he  would  not  suffer  it  to  be  interpreted,  and  a 
sword  lying  on  the  table,  he  took  it  up  and  indignantly  broke 
the  pipe,  which  had  been  laid  before  him,  declaring,  the  Big 
Knife  never  treated  with  women.  Several  chiefs  of  other  tribes 
now  interfered  to  procure  the  pardon  of  the  Meadow  Indians, 
and  to  solicit  Colonel  Clark  to  pity  the  families  of  these  men, 
and  grant  them  peace.     Still  the  American  officer  profoundly 
alive  to  the  vulnerable  features  of  the  Indian  character,  told 
them,  "the  Big  Knife  had  never  made  war  upon  these  Indians; 
and  that  whenever  Americans  came  across  such  people  in  the 
woods,  they  commonly  shot  them,  as  they  did  wolves,  to  pre- 
vent their  eating  the  deer."     This  mediation  having  failed,  the 
offending  tribe  appeared  busy   in  conversation   among  them- 
selves; when  suddenly  two  of  their  young  men  advanced  into 
the  middle  of  the  floor,  saf  down,  and  flung  their  blankets  over 
their  heads,  to  the  astonishment  of  the  whole  assembly.    When 
two  chiefs  arose,  and  with  a  pipe  of  peace,  stood  by  the  side  of 
these  victims,  and  offered  their  lives  to  Colonel  Clark,  as  an  atone- 
ment for  the  offence  of  their  tribe ;  this  sacrifice  they  hoped  would 
a])pcase  the  Big  Knife,  and  they  again  offered  the  pipe.     Clark 
v.ould  not  yet  admit  a  reconciliation  with  them;  but  directed  them 
in  a  milder  tone  than  before,  to  be  seated ;  for  he  would  have  noth- 
ing to  say  to  them.     "  The  alarm  of  these  people  appeared," 
said  Clark,  "  wrought  up  to  so  high  a  degree,  that  they  appear- 
ed to  think  the  tomahawk  was   suspended  over  the  heads  of 
every  one  of  their  tribe;  and  that  nothing  but  peace  could  save 
tjiem."     They  thought  that  by  putting  these  two  young  men  to 
death,  or  keeping  them  as  slaves,  our  countrymen  might  be 
reconciled.     The  offered  victims  kept  their  position,  only  now 
•ami  then  putting  out  their  heads,  as  if  impatient  to  know  their 
fate.    This  affecting  and  romantic  incident  embarrassed  the 


HISTORV   OF   KENTUCKY.  tO 

ready  miod  even  of  Clark;  he  had  always,  he  says,  intended 
to  be  persuaded  to  grant  these  Indians  peace,  but  with  a  reluc- 
tance, that  should  enhance  its  value.  The  assembly  was  all 
silence  and  suspense  with  anxiety,  to  know  the  fate  of  the  vic- 
tims; while  Colonel  Clark,  deeply  affected  with  the  magnanimity 
of  these  rude  children  of  the  forest,  declares,  "  he  never  felt  so 
powerful  a  gush  of  emotion  over  his  mind,  or  ever  so  capable 
of  speaking  from  the  impulse  of  that  feeling."  He  ordered  the 
young  men  to  arise  and  uncover  themselves;  he  then  said,  "  lie 
rejoiced  to  find,  that  there  were  men  in  all  nations;  that  these 
two  young  warriors,  (pointing  to  the  victims.)  had  been  ollered 
by  their  tribe,  Avere  at  least  a  proof  for  their  own  countrymen. 

Such  characters  were  alone  fit  to  be  chiefs,  and  with  such, 
he  liked  to  treat;  through  them  the  Bi;f  Knife  granted  p.eacc  to 
their  tribe,  and  he  took  them  by  the  hand,  as  the  chiefs  of 
their  tribes."  They  v.ere  immediately  introduced  (with  no 
slight  change  of  countenance,  which  they  could  not  with  all 
their  efforts  entirely  suppress)  to  the  American  officers,  as  well 
as  to  the  French  and  Spanish  gentlemen,  who  were  present;  and 
lastly  to  the  other  Indian  chiefs.  They  were  saluted  by  all,  a^ 
chiefs  of  their  tribe,  and  Clark  immediately  held,  with  great 
ceremony,  a  council,  in  which  peace  was  settled  with  their 
people,  and  presents  granted  to  distribute  among  their  friends. 
Colonel  Clark  was  afterwards  informed,  that  these  young  men 
were  held  in  high  esteem  by  their  people ;  and  that  the  Ameri- 
cans were  much  talked  of,  on  account  of  this  incident. 

Colonel  Clark  now  turned  his  attention  to  Saguina,  or  Black- 
bird and  Nakioun,two  chiefs  of  the  Sotairs  and  Ottoway  tribes, 
bordering  on  lake  Michigan.  The  former  of  these  chiefs  had 
been  in  St.  Louis,  when  Clark  first  invaded  the  country,  and 
not  trusting  to  Spanish  protection,  had  returned  to  his  tribe; 
though  he  had  sent  a  letter  to  Clark,  apologising  for  his  absence. 
He  was  found  on  inquiry  to  possess  so  much  mfiiience  over 
considerable  bands  about  the  St.  Joseph's,  of  Lake  Michigan; 
that  Colonel  Clark  departed  from  his  usual  distant  policy,  and 
invited  him  by  a  special  messenger,  to  come  to  Kaskaskia.  The 
invitation  was  immediately  complied  with,  and  Black  Bird  visit- 


76  HISTORY   OF    KENTUCKV. 

ed  Colonel  Clark  with  only  eight  attendants.  After  the  party 
had  recovered  from  their  fatigue,  preparations  were  made  as 
usual  for  a  council  with  the  ceremonies  generally  practised. 
These  were  no  sooner  noticed  by  this  sagacious  chief,  than  he 
informed  Colonel  Clark,  that  he  came  on  business  of  importance 
to  both,  and  desired  that  no  time  might  be  lost  on  ceremonies. 
This  chief  declared  he  wanted  much  conversation  with  Colonel 
Clark,  and  would  prefer  silting  at  the  same  table  with  him  to 
all  the  parade  and  formality  which  could  be  used.  Accordingly 
a  room  was  prepared  for  this  straight  forward  and  direct  chief, 
and  his  American  cotemporary :  they  both  took  their  seats  at 
the  same  table,  having  interpreters  seated  to  their  right  and 
left.  Black  Bird  opened  the  conference  by  saying,  "  he  had 
long  wished  to  enjoy  a  conversation  with  a  chief  of  our  nation: 
he  had  conversed  with  prisoners,  but  he  could  not  confide  in 
them;  for  they  seemed  to  be  afraid  to  speak  the  truth.  That 
he  had  engaged  in  the  war  against  us,  was  true;  although 
doubts  of  its  justice  always  crossed  his  mind,  owing  to  our  ap- 
pearing to  be  the  same  nation  with  the  British.  Some  mystery 
hung  over  the  matter,  which  he  wanted  removed:  his  anxiety 
was  to  hear  both  sides,  while  he  had  hitherto,  only  been  able 
to  hear  one."  Clark  readily  undertook  to  satisfy  this  inquisi- 
tive chief,  and  compelled  as  he  was  to  employ  similes  for  so 
many  ideas,  foreign  to  barbarous  society,  it  took  him  nearly  half 
a  day  to  answer  the  inquiries  of  the  Indian.  This  was  accom- 
plished to  his  entire  satisfaction,  and  he  expre?sed  himself  con- 
vinced, that  the  Americans  were  perfectly  right;  he  was  glad 
that  their  old  friends,  the  French,  had  united  their  arms  with 
ours,  and  the  Indians  ought  to  do  the  same.  But  as  we  did  not 
wish  this,  his  countrymen,  he  thought,  ought  at  least  to  be  neu- 
tral. He  was  convinced  the  English  must  be  afraid,  because 
fhcy  gave  the  Indians  so  many  goods  to  fight  for  them;  his  sen- 
timents, he  said,  were  fixed  in  our  favor;  and  he  would  no 
longer  listen  to  the  offers  of  the  English.  He  would  put  an  end 
to  the  war,  and  would  call  his  young  men  in,  as  soon  as  he  could 
get  home  and  have  an  opportunity  of  explaining  the  nature  of 
the  war  to  them. 


HISTORY   OP  KENTUCKY.  77 

This  display  of  the  chief's  sentiments,  may  well  be  con- 
ceived, to  have  given  Clark  the  utmost  satisfaction;  and  he 
promised  to  write  to  the  Governor  of  Virginia  respecting  his 
friendly  conduct,  and  to  have  him  registered  among  the  friends 
of  the  Big  Knife.  In  a  few  days  the  chief  set  otf  for  his  native 
forests,  accompanied  at  his  desire,  by  an  agent  of  Clark.  A 
couple  of  pack-horses  were  loaded  with  provisions  and  presents 
for  this  sagacious  and  sensible  Indian,  who  continued  a  faithful 
friend  to  American  interests. 

There  was  a  point  of  no  little  policy  observed  by  Clark,  in 
his  conferences  with  the  Indians   at  this  time;  it  was  not  to 
blame  the  Indians  for  taking  British  presents,  which  in  their 
poverty  and  our  inability  to  supply  their  wants,  was  unavoida- 
ble.    The  influence  of  commerce   has  spread  to  the  remotest 
wilds  of  the  earth,  and  bound  alike  in  her  golden  chains,  the 
citizen  of  refined  society,  and  the  barbarian  of  the  woods.    The 
rifle  and  its  ammunition  have  long  banished  the  bow  and  other 
ruder  instruments  of  war,  among  the  Indians  contiguous  to  the 
whites;  and  the  beaver  trap,  the  camp-kettle,  and  the  blanket, 
in  addition  to  a  thousand  wants  of  his  fancy;  have  rendered 
trade  and  arts,  as  necessary  to  the  Indian,  as  to  the  civilized 
man.  Illustrations  of  this  truth  are  presented  in  the  story  of  all 
uncivilized  people.*     Bat  Clark  exerted  his  utmost  influence  to 
impress  the  Indians  with  the  degradation  of  fighting  for  hire; 
that  it  was  beneath  the  dignity  of  a  warrior.  "  The  Big  Knife,*' 
he  said,  "  looked  upon  the  scalps  of  warriors  fighting  their  own 
battles,  as  the  greatest  trophies  of  war;  but  those  of  men  fight^ 
ing  for  hire,  were  given  to  children  to  play  with,  or  flung  to  the 
dogs."  This  language,  stern  as  it  may  seem,  had  the  best  effect 
upon  these  barbarous  tribes;  who  were  never  under  more  effec- 
tual influence,  than  under  Colonel  Clark. 

About  this  time  he  received  a  letter  from  a  celebrated  chief 
by  the  name  of  Lajes,  or  Logos;  also  known  by  the  appellaUon 
of  Big  Gate.     This  chief,  who  being  a  boy  when  the  great  Pon- 

*  See  tins  subject  beautifully  traced  in  the  "Ris:hts  of  Industry,"  one  of  the  inesiini.v 
ble  vohmici  of  popular  iiistruciion,  wliicli  liavc  enianaicJ  from  a  British  society  adornin;. 
aud  adorned  l)y  tlicir  great  modern  Cliancellor. 

G* 


78  HISTORY   OF  KEXTUCKT. 

tiac  besieged  Detroit,  had  shot  a  British  soldier  standing  in  the 
fort;  from  this  circumstance,  his  title  had   been  given  to  him. 
Several  parties  had  been  very  successfully  commanded  by  this 
warrior  against  our  frontiers;  but  happening  to  fall  in  with  a 
party  of  Piankeshaws  coming  to  Kaskaskia,  he  determined  to 
come  and  see  what  our  countrymen  had  to  say  for  themselves. 
With  no  little  assurance,  he  appeared  every  day  in  council, 
seated  in  the  front  of  the  room,  dressed  in  a  full  war  dress ;  and 
the  bloody  belt,  which  he  had  received  from  the  British,  hang- 
ing about  his  neck.     In  this  condition,  he  attended  the  council 
for  several  days,  without  saying  a  word  to  our  countrymen,  or 
they  saying  any  thing  to  him;  at  length,  at  the  close  of  the  de- 
liberations with  the  tribes,  who  were  in  attendance;  Clark 
addressed  this  silent  chief,  by  apologising  for  not  noticing  him, 
until  the  public  business  was  despatched.  "  That  although  they 
were  enemies,"  said  the  American  officer,  "  still  it  was  cus- 
tomary among  the  whites,  when  they  met  in  this  way  to  treat 
each  other  in  proportion  to  the  exploits  in  war,  which  they  had 
performed  against  each  other."     On  this  account,  as  he  was  a 
great  warrior.  Colonel  Clark  invited  him  to  dinner.     This,  the 
chief,  taken  by  the  utmost  surprise,  endeavored  to  decline;  Colo- 
nel Clark  would  not,  however,  regard  his  excuses;  but  as  soon  as 
he  would  begin  them,  Clark  would  renew  his  solicitations,  and 
express  his  determination  to  take  no  refusal,  until  he  worked 
up  the  Indian  to  the  utmost  pitch  of  excitement.     Roused  in 
this  manner,  he  stepped  into  the  middle  of  the  room,  threw 
down  his  war  belt,  and  a  little  British  Hag  that  he  had  in  his 
bosom,  and  tore  off  all  his  clothes,  but  l-.is  breech  clo'ji.     When 
thus  despoiled  of  the  presents  of  his  late   favorites,  he  struck 
himself  on  the  breast,  and  told  the  audience,  "They  knew  he 
had  been  a  warrior  from  his  youth,  that  he  had  delighted  in  bat- 
tle, he  had  been  three  times  against  the  Big  Knife,  for  the  Bri- 
tish had  told  him  lies;  he  had  been  preparing  for  another  war 
party,  when  he  had  heard  of  Colonel  Clark's  arrival,  and  he 
determined  to  rest  himself,  and  hear  what  the  Americans  could 
say  in  their  defence.     He  was  satisfied  the  Big  Knife  was  in 
the  right;  and  as  a  man  and  a  warrior,  he  ought  not  to  fight 


HISTORY    OF  KEXTCCKY.  79 

any  longer  in  a  bad  cause;  he  was  henceforth  a  Big  Knife, 
and  he  shook  hands  with  Colonel  Clark  and  his  officers,  and 
saluted  them  as  brothers."  The  drollery  of  the  matter  was, 
tliat  the  new  brother  was  naked,  and  he  must  be  clothed;  ac- 
cordingly a  fine  laced  suit  was  procured  for  him,  and  he  was 
dressed  in  all  the  finery  of  military  parade.  Shortly  after  this 
entertainment,  Lages  desired  a  private  interview  with  Colonel 
Clark;  in  this,  he  detailed  a  full  account  of  the  situation  of  De- 
troit, and  he  offered  his  services  to  the  Colonel,  to  obtain  a 
scalp  or  a  prisoner.  The  former  Clark  declined,  upon  the  ge- 
neral principle  of  discouraging  the  barbarities  of  the  Indians, 
and  our  desire  to  keep  them  still;  a  course  of  conduct,  which 
has  ever  proved  most  fruitless  to  our  countrymen,  and  in* 
many  instances  hvs  united  the  Indians  with  our  less  scrupu- 
lous enemies.  Clark  assured  him  of  his  readiness  to  receive  a 
prisoner;  but  charged  him  by  no  means  to  use  such  a  one  ill. 
On  tlie  chief's  taking  leave,  Clark  presented  him  with  a  Cap- 
tain's commission  and  a  medal,  to  secure  the  agency  of  this 
new  political  missionary. 


CHAPTER  V. 


Recapture  of  St.  Vincents  by  the  British — Plans  a;ainst  Americans — French  volunteers— 
Starch  to  St.  Vincenls— Capture— Retarn  to  Kif^kaskia. 

After  all  this  success  with  the  Indians,  Colonel  Clark  be^an 
to  entertain  great  apprehensions  for  St.  Vincents;  no  news 
had  been  received  for  a  considerable  length  of  time  from  that 
place,  till  on  the  S'Jth  of  January,  1779,  Colonel  Vigo,  then  a 
merchant  in  partnership  with  the  Governor  of  St.  Louis,  now  a 
venerable  and  highly  respected  citizen  of  Vincennes,  brought 
intelligence,  that  Governor  Hamilton  had  marched  an  expedi- 
tion from  Detroit,  which  had,  in  December  captured  St.  Vin- 
cents, and  again  reduced  it  under  the  power  of  the  British.* 

t  There  is  an  ancdoterespscliiiiCaptninTieoriaril  He!mcvi.irinian  intrepidity  which, 
would  ill  1)P  omitted,  it  has  been  coinmunicaioil  to  the  author,  ihrouili  tlie  friendly  interest 
of  Judije  (ynderwood,  and  liis  venerable  re'ative,  Ednnind  Rotors,  t;*q.,  of  Barren  county, 
a  brother  of  Ca;)taiii  Jo!in  Rogers,  and  persj  tally  iutunatc  witli  Clark  and  hisolfirers  fjr 


80  HISTORY  OP  KENTUCKY. 

Owing  to  the  advanced  stage  of  the  season,  he  had  postponed 
his  operations  against  Kaskaskia,  and  in  order  to  keep  his  rest- 
less auxiliaries  employed,  whom  he  had  brought  with  him  to  the 
number  of  about  four  hundred,  he  had  detached  some  against 
the  settlements  of  Kentucky,  and  others  to  watch  the  Ohio 
river.  In  the  spring,  he  contemplated  re-assembling  his  forces 
for  a  grand  campaign  which  should  first  be  directed  against 
Kaskaskia. 

At  this  point,  "which  he  had  no  doubt  of  carrying,  he  was 
to  be  joined  by  two  hundred  Indians  from  Michillimakinack, 
and  five  hundred  Cherokees,  Chickasaws  and  other  tribes." 
With  this  force  united  to  his  own.  Governor  Hamilton  had  or- 
ders from  the  commander-in-chief  in  Canada,  "to  penetrate  up 
the  Ohio  to  Fort  Pitt,  sicecping  Kentucky  on  his  way  and  taking 
light  brass  cannon  for  the  purpose.  So  flushed  was  the  British 
commander  with  the  hopes  of  conquest,  that  he  made  no  doubt, 
he  could  force  all  VVest  Augusta,  (meaning  the  western  part  of 
Virginia  adjoining  the  Blue  Ridge.*")  The  same  respected 
gcntlcmant  informed  him,  that  Governor  Hamilton  had  not  more 
than  eighty  men  in  garrison,  three  pieces  of  cannon,  and  some 
swivels  mounted.  With  the  promptitude  inspired  by  his  emi- 
nent genius  for  war,  our  daring  commander  determined,  like 
his  most  appropriate  original,  tlie  great  Hannibal,  to  carry  the 
war  into  the  enemy's  country — As  Clark  said,  "I  knew  if  I  did 
not  take  him,  he  would  take  me."  He  immediately  fitted  up  a 
large  Mississippi  boat  as  a  galley,  mounting  two  four  pounders 
and  four  swivels,  (obtained  from  the  enemy's  fort  at  Kaskaskia,) 
which  he  placed  under  the  command  of  Captain  John  Rogers, 

years.  It  is  as  follows:  wlinn  Governor  Uamillo"  (Mitorod  Vinror.ncs,  tlicrc  were  but  two 
Anieriranslherfi.Ciiptain  II<Iiii,  the  coiniiiaiidaiit,  anil  one  lleniy.  The  former  liad  araii- 
iion  well  rliardPil.aiiil  plared  in  I  lie  open  fort  cate,  while  Helm  stood  liy  it  with  a  lifriitod 
match  ill  his  hand.  When  Hamilton  and  his  troops  ^'ot  within  yood  hailing  distance,  tile 
American  ollicer  in  a  loud  voice,  cried  out,"  Halt."  This  stop|ied  the  niovcinent  of 
llamihon,  who,  in  reply,  domanrled  a  surrender  of  the  yarrison.  Helm  exclaimed  with 
an  oalh,  "  No  jnan  shall  enter  tiiilil  1  know  the  terms."  Hamilton  answered,  "  Yon  shall 
have  the  honors  nf  war;"  and  then  the  fort  was  surrendered  willi  its  garrison  of  one  otfi- 
rcr,  and  one  private.  Such  is  a  specimen  of  the  character  of  Coloncd  Clark's  followers. 
They  w<:re  the  very  choice  of  VirL'inia,and  \\w.  western  frontier.  Dangers  tliey  scarcely 
counted,  and  dilVicnllies  presented  themselves,  hut  to  he  overcome. 

•  Jefferson's  Correspondence,  vol.  I.  page  457. 

t  It  is  cralefnl  to  the  mind,  to  record  the  ess(\ntial  services  of  Colonel  Viiro,  wlio,  at  the 
ndvanced  age  of  ei'.'htysi.x.Mill  lakes  bo  imidi  interest  in  ancient  transactions,  iw  at  the 
Inutoncc  of  the  author,  to  institute  intiuiricsinto  them,  among  his  compatriots. 


HISTORY   OF   KENTUCKY.  81 

and  a  company  of  forty-six  men.  This  party  had  orders  to  force 
their  way  up  the  Wabash  if  possible,  to  station  itself  a  few  miles 
below  the  Mouth  of  White  River,  suffer  nothing  to  pass,  and 
wait  for  further  orders. 

This  expedition  being  determined  on,  the  French  inhabitants 
ofCahokia  and  Kaskaskia,  raised  two  companies  of  men,  those 
of  the  former  place  were  commanded  by  Captain  McCarty,  and 
thoseof  the  other  by  Captain  Francois  Charleville.  These,  added 
to  the  Americans,  made  a  party  of  but  one  hundred  and  seventy 
men  in  the  aggregate :  on  the  7th  of  February,  1779,  this  forlorn 
hope  commenced  its  march  for  St,  Vincents,  over  the  drowned 
lands  of  the  Wabash,  in  a  wet,  though  fortunately,  not  a  cold 
season.     This  dreary  and  fatiguing  march  was  alleviated  by 
the  politic  management  of  Clark,  who,  to  divert  his  men,  en- 
couraged parties  of  hunting,  and  invitations  from  the  companies 
successively  to  feasts  on  game,  and  war  dances  of  a  night,  ia 
the  manner  of  the  Indians.  In  this  way  the  party,  after  incredi- 
ble fatigues,  reached  the  Little  Wabash  on  the  13th;  these  dif- 
ficulties were,  however,  nothing  to  those  they  still  had  to  en- 
counter.    At  this  point,  the  forks  of  the  stream  are  three  miles 
apart,  and  the  opposite  heights  of  land  five  miles  in  the  ordi- 
nary state  of  the  water;  at  the  time  of  Clark's  arrival,  the 
interval  was  covered  with  water,  generally  "  three  feet  deep, 
never  under  two,  and  frequently  over  four.'"*     On  the  18th, 
the  expedition  got  so  near  St.  Vincents,  as  to  hear  the  morning 
and  evening  guns  at  the  fort:  and  in  the  evening  of  the  samo 
day,  reached  within  nine  miles  of  the  town,  below  the  mouth 
of  the  Embarras  river.  Great  difficulties  were  now  experienced 
in  getting  canoes,  in  which  to  cross  the  river,  and  the  men  re- 
quired all  Clark's  address  and  command  to  keep  their  spirits 
from  failing.  Still  there  was  no  sight  of  their  galley,  and  canoes 
could  not  be  built  in  time  to  save  the  party  from  starving  in  the 
destitute  condition,  in  which  thsy  were.  On  the  20Lh,  the  v/ater 
guard  bi-o  ight  a  boat  to,  from  which  the  most  cheering  intelli- 
gence was  obtained,  of  the  disposition  of  the  inhabitants  of  St. 

*  In  the  midst  of  this  wadini,  rather  than  marchinj,  a  little  rtruminer,  who  floated 
aions  oti  his  drum  head,  aironlnd  miicliof  Uie  iiifrriiiiciit.that  hislpod  to  divert  tUu  Blinds 
of  the  men  from  their  hardsliii'.— Jo.trnai  of  the  m'trcfi  bij  Mnjor  B(i:cm%n. 


82  HISTORY   OP   KENTICKY. 

Vincents,  and  the  continued  ignorance  on  the  part  of  the  ene- 
my, of  our  movement.  There  was  yet  a  large  sheet  of  water 
to  cross,  which  proved  on  sounding  to  be  up  to  the  armpits;  on 
the  report  being  made,  and  Clark  speaking  seriously  to  an  offi- 
cer, the  whole  detachment  caught  the  alarm,  and  despair 
seemed  ready  to  possess  them.  Colonel  Clark  observing  the 
depression  on  the  faces  of  his  men,  whispered  to  one  or  two 
officers  near  him  to  imitate  him  immediately,  in  what  he  was 
going  to  do;  he  then  took  a  little  powder  in  his  hand,  and  mix- 
ing it  with  some  water,  blacked  his  face  with  it,  raised  an  In- 
dian war  whoop,  and  marched  into  the  water,  imitated  and 
followed  by  all  his  men  without  a  murmur.  So  much  does  the 
conduct  of  men  in  large  bodies,  depend  upon  the  address  and 
tone  of  a  commander;  this  trick  of  backwoods'  invention,  com- 
municated a  new  impulse  to  the  party  and  they  stepped  into 
the  water  with  the  cheerfulness,  which  many  troops  under  their 
sufferings,  would  not,  have  shewn  on  land.  A  favorite  song 
was  now  raised,  and  the  whole  detachment  sung  in  chorus: 
when  they  had  got  to  the  deepest  part,  where  it  was  intended 
to  transport  the  troops  in  two  canoes,  which  they  had  obtained ; 
one  of  the  men  said  he  felt  a  path,  (which  is  said  to  bo  quite 
perceptible  to  the  touch  of  naked  feet,)  and  it  being  concluded 
this  must  pass  over  the  highest  ground,  the  march  was  con- 
tinued to  a  place  called  the  Sugar  Camp,  where  they  found 
about  half  an  acre  of  ground,  not  underwater.  From  this  spot, 
another  wide  plain  of  water  was  to  be  crossed,  and  what  heigh- 
tened the  difficulty  was,  the  absence  of  all  timber  to  afford  its 
support  to  the  famishing  and  fatigued  party  in  their  wading.  The 
object  of  all  their  toils  and  sufferings  was  now  in  sight,  and 
afJcr  a  spirited  address,  Clark  again  led  the  way  into  the  water, 
still  full  middle  deep.  Before  .he  third  man  stepped  off,  Clark 
ordered  Captain  Bowman  to  fall  back  with  twenty-five  men,  and 
put  any  man  to  death,  who  refused  to  march,  for  no  coward 
should  disgrace  this  company  of  brave  men.  The  ( rder  was 
received  with  a  huzza,  and  they  all  pursued  their  fearless  com- 
mander: some  times  they  were  cheered  with  a  purposed  decep- 
tion by  the  cry  of  the  advance  guard,  that  the  wafer  was  grow- 


HISTORY   OE   KENTTCKY.  83 

intr  shallower;  and  as  they  approached  nearer,  the  favorite  cry 
of  mariners — land — land — was  hallooed  out.     Yet,  when  they 
arrived  at  the  woods,  the  water  was  found  up  to  the  shoulder; 
still  the  support  of  the  trees,  and  the  floating  logs  for  the  weaker 
men,  were  found  of  the  most  essential  service.     To  such  a  de- 
gree of  exhaustion  had  this  march  through  so  much,  and  such 
deep  water,  reduced  the  men,  that  on  approaching  the  bank, 
or  rather,  the  high  ground,  they  would  fall  on  their  faces,  leav 
ing  their  bodies  half  in  the  water;  because  no  longer  able  to 
continue  their  efforts.     While  resting  at  a  spot  of  dry  timbered 
ground,  which  the  party  had  reached;  an  Indian  canoe,  with  a 
quarter  of  buffalo  beef  in  it,  some  corn  and  tallow,  was  captur- 
ed.    This  was  a  prize  of  inestimable  value  to  men  in  their  ex- 
hausted condition,  and  it  was  presently  cooked  into  broth,  which 
refreshed  the  men  in  the  most  acceptable  manner,  small  as  the 
amount  was,  to  each  individual.  In  a  short  time  a  prisoner  was 
made  of  a  gunner,  who  was  shooting  ducks  near  the  town,  and 
Colonel  Clark  sent  by  him,  a  letter  to  the   inhabitants  of  the 
post,  informing  them  that  he   should  take  possession  of  their 
town  that  night;  and  giving  notice  to  all,  who  were  friends  to 
the  King  of  England,  to  repair  to  the  fort  and  fight  like  men; 
otherwise,  if  discovered  after  this  notice,  aiding  the  enemy, 
they  would   be  severely  punished.     Seldom  has  frank  notice 
been  given  to  an  enemy,  and  choice  afforded  to  retire  to  his 
friends;  it  was  resorted  to  in  hopes,  that  its  imposing  character 
would  add  to  the  confidence  of  our  friends;  and  increase  the 
dismay  of  our  enemies.     So  much  did  it  operate  in  this  way, 
that  the  expedition  was  believed  to  be  from  Kentucky;  it  was 
thought  utterly  impossible,  that  in  the  condition  of  the  waters, 
it  could  be  from  Illinois.     This  idea  was  confirmed  by  several 
messages  under  the  assumed  name  of  gentlemen  known   to 
have  been  in  Kentucky,  to  their  acquaintances  in  St.  Vincents; 
nor  would  the  presence  of  Clark  be  credited,  until  his  person 
was  pointed  out  by  one,  who  knew  him. 

To  mask  the  weakness  of  the  force,  the  soldiers  had  their  in- 
structions to  frame  their  conversation  before  strangers,  so  as  to 
lead  them  to  believe,  there  were  at  least  a  thousand  men.    Ono 


84  HISTORY   OP  KEXTUCKY, 

circumstance  occasioned  much  surprise  in  the  American  partv ; 
that  although  a  great  deal  of  bustle  could  be  perceived  in  all 
ihe  streets  of  the  town,  not  a  drum  was  heard,  nor  a  gun  was 
lircd  from  the  fort;  in  fact,  as  was  afterwards  learned,  even  the 
friends  of  the  British  were  afraid  to  give  the  garrison  notice  ot 
Clark's  presence.     About  sunset  on  the  23d  of  February,  the 
American  detachment  set  off  to  take  possession  of  the  town, 
marching  and  countermarching  round  some  elevations  in  the 
plains;  and  displaying  several  sets  of  colors,  which  had  been 
brought  by  the  French  volunteers,  so  as  to  enhance  the  appear- 
ance of  their  numbers ;  then  taking  their  course  through  some 
ponds  that  were  breast  high,  they  encamped  on  the  heights 
back  of  the  town.     Still  there  was  no  hostile  demonstration  on 
the  part  of  the  British,  and  there  was  the  utmost  impatience 
with  the  Americans,  to  unriddle  the  mystery.     For  this  pur- 
pose, Lieut.  Bayley  Avas  sent  with  fourteen  men  to  commence 
the  attack  upon  the  fort;  but  the  fire  of  this  party  was  attribu- 
ted to  some  drunken  Indians,  who  frequently  saluted  the  fort  in 
this  manner,  until  a  man  was  shot  down  through  a  port  hole ; 
when  the  engagement  began  in  good  earnest  on  both  sides.* 
During  the  fire,  when  the  American  ammunition  had  become 
very  low,  owing  to  a  reliance  tipon  the  stores  in  the  galley;  a 
very  fortunate  disclosure  of  powder  and  balls,  which  had  been 
buried  to  keep  it  out  of  the  hands  of  the  British,  was  made  by 
the  owners.  Colonel  Legrass,  Major  Busseron,  and  others.  The 
Tobacco's  son  formerly  mentioned,  now  made  his  appearance, 
and  offered  his  services  with  a  hundred  warriors;  the  offer  was, 
however,  declined,  though  his  presence  and  counsel  was  de- 

*  "  There  is  an  amusing  anerdotp  foniicrtcd  nilli  the  sicsc,  illustrative  of  the  frank  and 
fearless  spirit  of  the  limes;  lliat  wliilc  Helm  was  a  priso?ii'r,  and  jilnjins  nt  piquet  with 
Governor  llainilloii  in  tlic  Ibrt.oiir  of  ClnrK's  iicii  rcnnislKl  leave  ot'  V.'m  coniieaiuk-r  to 
jihoot  nl  Helm's  t|imrtcrs,  so  v-oon  ns  Ihey  were  disioveri'd,  lo  knock  down  the  clay  or  the 
inortnr,  into  liis  apple  toddy;  whirli  lie  w!\s  sure  the  t'aplaln.  from  his  well  known  fond- 
ness for  that  fine  hipior,  would  have  on  liis  hearth.  It  is  added,  ll:at  when  flieCaptain 
heard  tlie  hullels  rattliiip  alicut  the  chimney,  he  jumped  up  and  swore  it  was  Clark,  and 

he  woul<l  make  them  all  prisoners;  though  the  d d  rascals  Imd  no  business  to  spoil  Uig 

XoAily .'^—Lovin-ille  JJinciorii.  pape  97.  Il  is  added,  that  when  Helm  made  tl)is  e.xclama- 
tion  about  Clark,  Governor  Unmillon  asked,  "  Is  I :e;i  nierrifnl  man?"  It  seems  an  in- 
tcllieencc  was  kept  up  between  Helm  and  Clark,  UirouL'h  lire  medium  of  Henry's  wife, 
who  lived  in  iIm-  town;  :.nd  who  had  free  access  to  ber  husband  in  the  fort.  Helm  cau- 
tioned the  hririsb  soldiers  ayajusl  looking  out  at  the  porl  lioles;  "  for," said  he,"  Clark's 
men  will  slioni  your  eyes  out;"  il  accordingly  bnpietied,  Ibat  one  was  shot  tbroucb  lliv 
eye, on  alieniplin£  lo  look  out,  vvlitn  llehn  e.vclaiuicd, "  I  told  \ousQ."—l,(ller  ofl'MmuiM 
Koffert,  Esq.,  to  the  author. 


HISTORY   OF   KENTUCKY.  85 

sired.  The  fire  continued  without  intermission,  except  for 
about  fifteen  minutes  betbre  day,  until  nine  o'clock  the  ne.\t 
morning.  Our  men  would  lie  within  thirty  yards  of  the  fort, 
and  untouched,  from  the  awkward  elevation  of  the  platforms  of 
the  garrison  guns ;  the  balls  would  do  no  damage  but  to  the 
buildinjrs  of  the  town:  while,  on  the  other  hand,  no  sooner  was 
a  port  hole  opened,  or  even  darkened,  than  a  dozen  rifles  would 
be  directed  at  it,  cutting  down  every  thing  in  the  way.  By  this 
terribly  concentrated  fire,  the  garrison  became  discouraged, 
and  could  not  stand  to  their  guns;  in  the  course  of  the  morning 
a  fierce  demand  of  capitulation  was  made  by  Clark,  but  firmly 
rejected  by  Governor  Hamilton;  who  declared,  "  he  would  not 
be  awed  into  any  thing  unbecoming  British  subjects."  Our 
men  were  urgent  for  a  storm  of  the  fort,  but  Clark  sternly  re- 
pressed such  rashness.  In  the  evening,  the  British  officer  find- 
ino"  his  cannon  useless,  and  apprehensive  for  the  result  of  being 
taken  at  discretion,  sent  a  flag  dej-iring  a  truce  of  three  days. 
This,  Colonel  Clark  thought  too  inprudent  to  grant;  although 
he  himself  expected  a  reinforcement  with  artillery  on  the  arri- 
val of  his  galley :  he  proposed  in  return,  that  the  British  garri- 
son, should  be  surrendered  at  discretion,  and  that  Governor 
Hamilton  should  with  Captain  Helm,  then  a  British  prisoner, 
meet  him  at  the  church.  In  consequence  of  this  offer  the  par- 
ties, with  a  Major  Hay,  on  the  British  side,  met  each  other  as 
desired;  when  Clark  having  rejected  the  terms  offered  by  Go- 
vernor Hamilton,  the  latter  insisted  on  some  offers  from  the 
former;  Clark  peremptorily  adhered  to  the  first  that  had  been 
mentioned.  Captain  Helm  attempting  to  moderate  the  excited 
feelings  between  the  two  officers,  was  reminded  by  Clark,  that 
he  was  a  British  prisoner,  and  he  doubted  whether  he  could  with 
propriety,  speak  on  the  subject.  The  British  commander  then 
said,  that  Captain  Helm  was  liberated  trom  that  moment;  but 
Clark  refused  to  accept  his  release  on  such  terms,  and  said,  he 
must  return  and  abide  by  his  fate.  The  British  officer  was 
then  informed,  that  the  firing  should  begin  in  fifteen  minutes 
after  the  beating  of  the  drums;  and  the  gentlemen  were  taking 
their  course  to  their  respective  quarters;  Governor  Hamilton 

H 


86  HISTORY   OF   KEXTUCKY. 

now  called  to  Colonel  Clark,  and  politely  inquired  of  him,  what 
his  reasons  were  for  rejecting  the  garrison  on  the  liberal  terms 
Avhich  had  been  proposed  to  him.  The  American  officer  then 
told  him  with  affected  severity,  "  I  know  the  principal  Indian 
partisans  from  Detroit  are  in  the  fort,  and  I  only  want  an 
honorable  opportunity  of  putting  such  instigators  of  Indian  bar- 
barities to  death.  The  cries  of  the  widows  and  orphans  made 
by  their  butcheries,  require  such  blood  at  my  hands.  So  sa- 
cred," said  Clark,  "  do  I  consider  this  claim  upon  me  for  pun- 
ishment, that  I  think  it  next  to  divine,  and  I  would  rather  lose 
fifty  men,  than  not  execute  a  vengeance  demanded  by  so 
much  innocent  blood.  If  Governor  Hamilton  chooses  to  risk 
the  destruction  of  his  garrison  for  the  sake  of  such  miscreants, 
it  was  at  his  pleasure."  Upon  this,  Major  Hay  exclaimed, 
"  Pray,  sir,  whom  do  you  mean  by  Indian  partisans  ?"  Clark, 
keenly  and  promptly  replied, "  I  consider  Major  Hay  one  of  the 
principal  ones."  The  change  in  Hay's  countenance  was  in- 
stantaneous, like  one  on  the  point  of  execution;  he  turned  pale 
and  trembled  to  such  a  degree,  that  he  could  scarcely  stand. 
Governor  Hamilton  blushed  for  his  behaviour  in  the  presence 
of  officers;  and  Captain  Bowman's  countenance  expressed  as 
much  contempt  for  the  one,  as  respect  and  sorrow  for  the  other. 
From  that  moment  Clark's  resolution  relented,  and  he  deter- 
mined in  his  own  mind,  to  show  Governor  Hamilton  every 
lenity  in  his  power :  he  told  him,  that  "  they  would  return  to 
their  respective  posts,  and  he  would  reconsider  the  matter,  and 
let  him  know  the  result  by  a  flag."  Upon  the  British  offer 
being  submitted  to  the  American  officers,  it  was  agreed  that  our 
terms  should  be  moderated ;  they  were  accordingly  communicated 
to  Governor  Hamilton,  and  immediately  acceded  to  by  him. 
This  capitulation  on  the  24th  of  February,  1779,  surrendered 
Fort  Sackvillc  to  the  Americans;  the  garrison  was  to  be  con- 
sidered as  prisoners  of  \yar.  On  the  25th,  it  was  taken  posses- 
.sion  of  by  Colonel  Clark,  at  the  head  of  the  companies  of  Cap- 
tains Williams  and  Withcrington,  while  Captains  Bowman  and 
McCarty  received  the  prisoners;  the  stars  and  stripes  were 
again  hoisted,  and  thirteen  cannon  fired  to  celebrate  the  recov-. 


HISTORY   OF   KEXTUCKV.  87 

cry  of  this  most  important  strong  hold  upon  the  Indian  frontier. 
At  this  surrender  there  were  seventy-nine  prisoners  received, 
and  considerable  stores :  on  viewing  the  strength  of  the  fort, 
Colonel  Clark  was  astonished  at  its  easy  surrender;  but  on 
reflection  was  convinced,  that  it  could  have  been  undermined, 
as  the  fort  was  within  thirty  feet  of  the  river  bank.  If  even 
1hat  attempt  had  failed,  his  information  was  so  exacts  that  on 
the  arrival  of  his  artillery,  the  first  hot  shot  could  have  blown 
up  the  magazine.  A  (ew  days  afterwards.  Captain  Helm  was 
despatched  up  the  Wabash,  after  a  quantity  of  stores  upon  their 
way  from  Detroit;  all  of  which  were  surprised;  and  stores  to 
the  amount  of  ten  thousand  pounds  sterling,  with  forty  prison- 
ers, were  captured.  On  the  return  of  this  successful  expedi- 
tion, with  the  British  flags  still  flying,  our  galley  hove  in 
sight,  and  was  preparing  for  an  attack  upon  the  little  river 
fleet,  supposing  it  to  be  the  enemy;  but  soon  the  beloved  en- 
sign of  American  freedom  was  hoisted  at  the  mast  head,  to 
the  joy  and  triumph  of  our  countrymen.  They  were  only 
mortified  to  find  their  services  had  not  been  lent  in  the  reduc- 
tion of  the  post.  After  this  brilliant  achievement,  over  obsta- 
cles which  might  well  have  deterred  the  most  energetic  of 
commanders ;  it  was  not  for  a  moment  looked  upon  as  a  suffi- 
cient effort,  but  on  the  contrary,  it  was  only  regarded  as  a  step- 
ping stone  to  other  and  richer  triumphs.  Detroit  now  presented 
itself  in  full  view,  to  our  bold  a,nd  indefatigable  officer.  "  Twice 
has  this  town  been  in  my  power,"  he  writes  to  Governor  Jeifer- 
son;  "Had  I  been  able  to  have  raised  only  five  hundred  men 
when  I  first  arrived  in  the  country,  or  when  I  was  at  St.  Vin- 
cents, could  I  have  secured  niy  prisoners,  and  only  have  had 
three  hundred  good  men,  I  should  have  attempted  it."  Recent 
intelligence  had  informed  Clark,  that  the  British  force  at  De- 
troit consisted  of  but  eighty  men,  many  of  them  invalids,  and 
the  inhabitants  exceedingly  well  disposed  towards  the  Ameri- 
can interest.  Indeed  Colonel  Clark  had  determined  on  com- 
pleting his  bold  enterprises,  by  an  attack  upon  this  point,  with 
his  present  forces;  when  receiving  despatches  from  Governor 
Henry,  promising  a   reinforcement  of  another  battalion,   to 


88  UISTORY   OF   KEXTUCKV. 

complete  the  regiment,  it  was  deemed  most  priulent  to  postpone 
the  expedition,  until  such  an  imposing  force  should  arrive.    In 
the  meantime  Colonel  Clark  embarked  on  his  galley  for  Kas- 
kaskia,  leaving  Captain  Helm  once  more  in  the  command  of  the 
town,  and  the  superintendence  of  Indian  affairs.   By  these  gal- 
lant expeditions  Colonel  Clark  most  richly  merited  the  high  enco- 
miums of  Chief  Justice  Marshall,  "  that  these  bold  and  decisive 
measures,  which,  whether  formed  on  a  great  or  small  scale,  mark 
the  military  and  enterprising  genius  of  the  man,  who  plans  and 
executes  them."     The  circum^^tantial  relation  of  these  exploits 
now,  for  the  first  time,  submitted  to  the  American  public,  may 
appear  to  some,  as  too  wide  a  digression  from  the  plan  of  this 
history.     The  author  thinks  not ;  for  they  form  an  integral  and 
a  most  important  part  of  Kentucky  history ;  achieved  under  the 
auspices  of  our  parent  state,  by  a  portion  of  troops  drawn  from 
this  commonwealth,  when  it,  as  well  as  the  eastern  Illinois,* 
formed  a  portion  of  the  wide  domain  of  Virginia.    Nor  dees  the 
author  think,  a  more  cruel  mutilation  of  Kentucky  history  could 
be  committed,  than  to  omit  these  brilliant  Illinois  campaigns, 
which  contributed  so  materially  to  support  the  settlement  of 
Kentucky,  by  distracting  and  overawing  her  savage  foes.     To 
the  mind  of  the  author,  they  present  some  of  the  most  beautiful 
flowers  of  western  history,  worthy  of  the  most  assiduous  care. 


CHAPTER  VI. 

First  Court  of  Kenturky — Its  ofRccrs— First  Colonel— Siose  of  i?t.  Arnplis,  or  I.oi'an's 
Stulinii— Iltiiisli  Proi  laiiiulioiis— Capluru  of  Uuoiiu— Sicjje  of  Booiitfclorough— i^aiul 
Law — Its  Couimissioricrs. 

It  is  nC/W  time  to  turn  our  attention  to  the  more  immediate 
affairs  of  Kentucky,  the  narration  of  which  has  been  suspended, 
in  order  to  present  in  one  unbroken  stoi-y,  the  achievements  of 
the  great  western  hero.     It  has  been  seen  that  it  was  owing  to 

•  The  west  side  of  tlie  Upper  Mississippi  was  called  V^'cstern  Illinois,  under  tlie  Ppaii- 
ish  govuriiiiicnt,  and  tliat  portion  oa  llie  caatcru  side,  was  called  Kasiorn  Illinow,— .4«- 
dent  Inhabitants. 


HISTORY   OP    KENTtlCKV. 


8d 


his  asencv,  that  the  executive  of  Virginia  was  induced  to  un- 
dertake  the  defence  of  Kentucky  at  all,  and  subsequently,  that 
the  legislature  established  it,  as  an  integral  part  of  that  ancient 
commonwealth. 

Hitherto  Kentucky  had  scarcely  formed  an  object  of  legisla- 
tive attention  to  the  parent  state  of  Virginia;  which  was  no 
doubt  profoundly,  and  justly  engrossed,  by  the  soul-stirring  con- 
cerns of  that  opening  revolution,  the  results  of  which  have  told  so 
gloriously  not  only  for  the  people  of  the  United  States,  but  for 
the  freedom  and  the  happiness  of  the  world.  Still  amidst  these 
perilous  and  tremendous  times  of  social  commotion,  the  legisla- 
ture of  Virginia  having  declared  the  state  independent  of  Great 
Britain,  on  June  29th,  1776,  in  October  of  the  same  year  es- 
tablished the  county  of  Kentucky,  as  has  been  previously  men- 
tioned. The  limits  of  the  new  county,  which  had  previously 
formed  a  part  of  Fincastle  county,  in  Virginia,,  embraced  "  all 
the  country  lying  south  and  westward  of  a  line  beginning  on 
the  Ohio,  at  the  mouth  of  Great  Sandy  Creek,. (now  Big  Sandy 
River)  and  running  up  the  same,  ancJ  the  main  or  northeasterly 
branch  thereof,  to  the  great  Laurel  Ridge,  or  Cumberland 
mountain;  and  with  that,  to  tlio  line  of  North  Carolina,"  or  the 
present  State  of  Tennessee. 

"  This  may  justly  be  considered  an  important  event  in  the 
condition  of  the  Kentucky  settlers.  As  a  part  of  Fincastle 
countv,  they  had  in  fact,  no  part,  or  lot,  in  its  police ;  nor  could 
they  vote  at  elections  for  representatives — receive  military  pro- 
tection, or  be  distinctly  heard  in  the  legislature,  in  consequence 
of  their  detached  situation:  but  composing  a  county  themselves, 
they,  by  the  constitution  of  the  State,  were  to  be  thenceforth 
entitled  to  two  representatives  of  their  own  choosing.  They 
were  also  entitled  to  have  a  county  court  of  civil  jurisdiction 
of  matters  in  both  law,  and  equity-justices  of  the  peace — mi- 
titia  officers — sheriff — coroner,  and  surveyor:  in  fine,  to  be  a 
civil,  and  military,  municipality,  or  corporation;  with  powers 
competent  to  their  own  government,  agreeably  to  the  general 
laws  of  the  Commonwealth."* 

♦  Marshall  1,  page  47. 
11* 


90  HISTOBY   OF   KENTUCKY. 

Our  first  municipal  court,  under  the  authority  of  Virginia, 
went  into  operation  in  1777,  at  Harrodsburgh ;  "  composed  of 
six  or  eight  of  the  most  respectable  men  in  the  county  for  hte- 
rary  information."     These  "  had  been  commissioned  by  the  Go- 
vernor of  Virginia,  as  justices  of  the  peace;  and  who  could, 
moreover,  hold  monthly  sessions  for  the  despatch  of  ordinary 
business.     The  names  of  John  Todd,  John  Floyd,  Benjamin 
Logan,  John  Bowman,  and  Richard  Calloway,  are  recollected 
by  Mr.  Humphrey  Marshall.     Levi  Todd  was  appointed  the 
fii'st  clerk  of  Kentucky,  in  its  chrysalis  condition  of  a  county. 
The  requisite  officers  for  a  regiment  of  militia  were  also  com- 
missioned; of  which  John  Bowman  was  Colonel,  being  the  first 
Colonel  of  Kentucky  county,*  He  promptly  placed  the  citizens, 
whether  permanent  residents,  or  not,  in  companies  and  battal- 
ions. Thus  was  organized  this  infant  colony  of  Virginia,  under 
the  command  of  a  county  lieutenant  with  the  rank  of  Colonel; 
no  imperfect  type  of  their  British  ancestors,  who  had  migrated 
to  James'  Town,  and  had  founded  the  parent  commonwealth. 
Let  us  for  a  moment  consider  the  situation  of  our  pioneers  at 
this  period  of  their  history.    They  were  posted  in  the  heart  of 
the  most  favorite  hunting  ground   of  numerous   and  hostile 
tribes  of  Indians,  on  the  north  and  on  the  south;  a  ground  en- 
deavored to  these  tribes  by  its  profusion  of  the  finest  game, 
subsisting  on  the  luxuriant  vegetation  of  this  great  natural  park; 
in  a  fatness,  not  surpassed  by  the  flocks  and  liords  of  agricul- 
tural society.     It  was  emphatically  the  Eden  of  the  Red  man. 
Was  it  then  wonderful,  that  all  his  fiercest  passions,  and  wildest 
energies,  should  be  aroused  in  its  defence  against  aji  enemy; 
whose  success,  was  the  Indian's  downfal  ?     So  formidable  were 
these  enemies,  into  whose  mouth,  our  handful  of  hunters,  had 
thrown  themselves,  that  they  occupied  the  present  territory  of 
Tennessee,  and  the  whole  northwestern  side  of  the  Ohio  river; 
now  embracing  the  states  of  Ohio,  Indiana,  Illinois,  and  the 
territory  of  Michigan.     These  territories  were  then  tlic  strong- 
hold of  tiie  most  ferocious  and  war-like  tribe  of  Indians  on  this 
continent.     They  had  frequently  wasted  the  frontiers  of  the 

*  Correspondence  of  Colonel  Logan  with  Clark. 


HISTORY   OF   KENTUCltY.  91 

Carolinas,  Pennsylvania,  and  Virginia,  with  the  tomahawk, 
and  with  fire.  Moreover,  the  enemy  was  at  this  time  freely 
aided  by  the  arts  and  treasure  of  Great  Britain,  furnished  by 
her  military  officers  from  Detroit  to  Kaskaskia.  Thus  the  pio- 
neers of  Kentucky,  were  separated  by  three  or  four  hundred 
miles  of  Indian  wilderness,  from  the  nearest  fort  of  their  coun- 
trymen at  Pittsburgh;  and  fully  six  hundred  miles  from  the 
seat  of  government  in  Virginia,  with  forests  and  Indian  coun- 
try between.  Undpr  these  appalling  circumstances,  may  not 
the  forlorn  and  perilous  situation  of  our  first  settlers,  bear  some 
honorable  comparison  with  the  gallant  daring  of  the  fathers  of 
our  great  republic,  who  led  the  way  across  the  Atlantic  wave, 
and  founded  the  empire  of  freedom,  at  James  Town,  and  at 
Plymouth  ? 

It  was  the  turn  of  Logan's  fort  next,  to  experience  an  attack 
by  about  the  same  number  of  Indians,  and  probably  by  the  same 
party  which,  had  so  recently  invested  Boonesborough,  and  at- 
tacked Harrodsburgh.*     The  garrison  at  that  time  consisted  of 
fifteen  men  only.     The  two  other  principal  forts  were  each 
kept  in  a  state  of  alarm  by  the  Indians,  so  that  no  assistance 
could  be  afforded  by  the  one  to  the  other.     The  distresses  of 
the  inhabitants,  particularly  of  the  women  and  children,  may 
faintly  be  conceived;  cooped  up  at  this  period  of  the  year,  in 
their  confined  stations,  and  surrounded  by  a  merciless  foe. 
"  But  aided  by  Logan,  and  encouraged  by  his  example,  the 
little  handful  under  his  command,  not  exceeding  thirty-five,  the 
men  less  than  half  this  number,  would  not  complain,  much  less 
despair."     What  must  have  been  the  joy  of  these  beleaguered 
forts,  when  on  the  25th  of  July,  1777,  a  party  of  forty-five  re- 
cruits arrived  at  Boonesborough,  from  North  Carolina  !     The 
Indians  made  their  attack  upon  Logan's  fort,  with  more  than 
their  usual  secrecy,  while  the  women,  guarded  by  a  part  of  the 
men,  were  milking  the  cows  outside  of  the  fort;  they  were  sud- 
denly fired  upon  by  a  large  body  of  Indians,  till  then  concealed 
in  the  thick  cane  which  stood  about  the  cabins.     By  this  fire, 
one  man  was  killed  and  two  others  wounded,  one  mortally;  the 

*  Marsliall  I,  pa;c  49. 


92  lilSTORY    OF   ItE^TrCKY, 

residue,  with  the  women,  got  into  the  fort.  When,  having 
reached  the  protection  of  its  walls,  one  of  the  wounded  men 
was  discovered,  left  alive  on  the  ground.  Captain  Logan 
distressed  for  his  situation,  and  keenly  alive  to  the  anguish  of 
his  family,  who  could  see  him  from  the  fort,  weltering  in  his 
blood,  exposed  every  instant  to  be  scalped  by  the  savages, 
endeavored  in  vain  for  some  time  to  raise  a  party  for  his  res- 
cue. The  garrison  was,  however,  so  small,  and  the  danger  so 
appalling,  that  he  met  only  objection  and  refusal ;  until  John 
Martin  stimulated  by  his  Captain,  proceeded  with  him  to  the 
fort  gate.  At  this  instant,  Harrison,  the  wounded  man,  ap- 
peared to  raise  himself  on  his  hands  and  knees,  as  if  able 
to  help  himself,  and  Martin  withdrew,  deterred  by  the  obvious 
hazard;  Logan,  incapable  of  abandoning  a  man  under  his  com- 
mand, was  only  nerved  to  newer  and  more  vigorous  exertions 
to  relieve  the  wounded  man  who,  by  that  time,  exhausted  by 
his  previous  efforts,  after  crawling  a  few  paces,  had  fallen  to 
the  ground :  the  generous  and  gallant  Captain  took  him  in  his 
arms,  amidst  a  shower  of  bullets,  many  of  which  struck  the 
palisades  about  his  head ;  and  brought  him  into  the  fort  to  his 
despairing  family.  Shall  an  action  of  this  high  wrought  mag- 
nanimity, tell  less  honorably  to  the  human  heart,  because  it 
was  performed  on  a  small  scale?  Shall  it  weigh  less  in  moral 
estimation,  because  two  men  were  concerned,  instead  of  hun- 
dreds or  thousands  ?  To  the  mind  of  the  author,  the  essence 
of  exalted  feeling  and  affectionate  devotion  is  tlie  same  upon  all 
scales  of  action;  and  the  numbers  u[)on  whom  it  may  have 
operated,  arc  only  one  of  the  extrinsic  circumstances. 

Another  danger  now  assailed  this  little  garrison— ^"there  was 
but  little  powder  or  ball  in  the  fort;  nor  any  prospect  of  supply 
from  the  neighboring  stations,  could  it  even  have  been  sent  for, 
without  the  most  imminent  danger."  The  enemy  continued 
before  the  fort;  there  was  no  ammunition  nearer  than  the  set- 
tlements on  Ilolston,  distant  about  two  hundred  miles;  and  the 
garrison  must  surrender  to  horrors  worse  than  death,  unless  a 
supply  of  this  indispensable  article  could  be  obtained.  Nor 
Was  the  task  very  easy  to  pass  through  so  wily  an  enemy,  or 


HISTORY   OF   KEXTUCKY.  93 

the  danger  and  difficulty  much  lessened,  when  even  beyond  the 
besiegers;  owing  to  the  obscure  and  mountainous  way,  it  was 
necessary  to  pass,  through  a  foe  scattered  in  almost  every  di- 
rection.    But  Captain  Logan  was  not  a  man  to  falter  where  du- 
ty called,  because  encompassed  with  danger;  with  two  compa- 
nions he  left  the  fort  in  the  night.     With  the  sagacity  of  a  hun- 
ter, and  the  hardihood  of  a  soldier,  he  avoided  "the  trodden 
way  by  Cumberland  Gap,  which  was  most  likely  to  be  waylaid 
by  the  Indians,"  and  explored  his  passage  over  the  Cumberland 
Mountain,  where  no  man  had  ever  travelled  before,  through 
brush  and  cane,  over  rocks   and  precipices,  sufficient  to  have 
daunted  the  most  hardy  and  fearless.     In  less  than  ten  days 
from  his  departure.  Captain  Logan  having  obtained  the  desired 
supply,  and  leaving  it  with  directions  to  his  men,  how  to  con- 
duct their  march,  arrived  alone  and  safe  at  his  "diminutive  sta- 
tion," which  had  been  almost  reduced  to  despair.     The  escort 
with  the  ammunition,  observing  the  directions  given  it,  arrived 
in  safety,  and  the  garrison  once  more  felt  itself  able  to  defend 
the  fort  and  master  of  its  own  fortune.     Still,  they  were  under 
the  necessity  of  hunting  for  their  support,  which  daily  exposed 
them  to  the  Indians,  who  infested  the  whole  neighborhood.     In 
this  situation,  the  fort  remained  from  the  20th  of  May  until  the 
month  of  September;  when,  most  unexpectedly,  ColonelJohn 
Bowman  arrived  with  a  reinforcement  of  one  hundred  men.    A 
detachment  of  these,  considerably  in  advance  of  the  main  body, 
upon  its  approach  to  the  fort,  was  fired  on  by  the  besiegers  and 
several  of  them  killed ;  the  rest  made  their  way  into  the  place 
which  soon  led  to  the  dispersion  of  the  enemy.     Oil  the  dead 
body  of  one  of  the  detachment,  were  found  proclamations  by 
the  British  Governor  of  Canada,  ofloring  protection  to  such  of 
the  inhabitants,  as  v/ould  abandon   the  rebellious  colonies,  and 
denouncing  vengeance  against  those  who  refused.     Thus  was 
announced  to  the  western  people,  that  the  Indians  and  British 
were  united  in  the  war  against  them.     Logan,  upon  receiving 
the  papers  from  the  man  who  found  them,  thought  it  most  pru- 
dent, in  the  harrassed  and  distressed  state  of  the  garrison, 
rather  than  of  the  country,  to  conceal  their  contents. 


94  HISTOKY   OF   KE^fTUCEY. 

The  assistance  of  Colonel  Bowman,  was  but  temporary ;  "his 
men  were  engaged  but  for  a  short  time,  and  much  of  that  had 
expired  on  the  road;"  when  their  term  of  service  had  been 
completed,  they  immediately  returned  to  tlieir  homes.  Thus  a 
short  time  "deprived  the  garrison  of  its  auxiliaries,  and  the  fort 
was  left  to  its  resident  inhabitants ;"  the  Indians  had  not  with- 
drawn from  the  country;  and  yet,  under  this  accumulation  of 
distress,  their  ammunition  was  again  nearly  exhausted.  "Again 
Logan  left  his  family  and  his  fort,"  for  the  settlement  on  Hol- 
ston,  and  with  his  usual  promptitude  and  energy,  obtained,  what 
he  sought  and  returned  again,  in  safety  to  his  expecting  friends. 
"Soon  after  his  return,  his  force  was  augmented  by  a  party  un- 
der *Montgomery,"  which  must  have  given  peculiar  anima- 
tion to  the  garrison  after  the  departure  of  Colonel  Bowman's 
troops. 

A  second  attack  was  now  made  upon  Boonesborough  on  the 
4th  of  July,  by  an  Indian  force  of  two  hundred  warriors.  In 
this  attempt,  the  garrison,  not  half  the  niuiiber  of  the  enemy, 
lost  one  man,  and  had  two  wounded;  while  the  Indians  had  se- 
ven killed,  as  was  seen  from  the  fort,  although  removed  from 
the  ground  agreeably  to  the  custom  of  the  enemy.  This  siege 
lasted  "two  days  and  nights,"  when  the  Indians  "losing  all 
hope  of  success  tumultuously,"  departed  concealed  by  the  ad- 
jacent hills. 

"Notwithstanding  these  various  sieges,  the  fields  adjacent  to 
the  forts,  were  cleared  of  their  timber,  and  cultivated  in  corn 
and  vegetables," — some  keeping  guard,  while  others  laboured, 
and  each  taking  his  turn  as  a  hunter,  at  great  hazard.  Yet, 
amidst  these  multiplied  and  hidden  dangers,  the  intrepidity  of 
our  hunters  found  it  a  relief,  to  take  an  equal  chance  with  the 
enemy  in  the  woods.  "They  thought  themselves  the  best  marks- 
men, and  as  likely  to  see  the  Indian  first,  as  to  be  seen  by  him; 
while  the  first  sight  was  equivalent  to  the  first  fire,  and  the  most 
expert  shooter  held  the  best  security  for  his  life."  The  In- 
dians had  become  shy  in  exposing  themselves  before  the  gar- 

»Pomibly  Jo)in  Monigoincry,  who  commanded  a  company  in  the  Illinois  battalion  and 
was  afterwards  Lieutenant  Colonel  in  the  Ucgiincnt  of  the  same  name. 


HISTORY   OF   KE>fTUCKY.  95 

rison ;  and  even  in  the  woods,  took  some  precautions  to  avoid 
rencounters  with  equal  numbers. 

On  the  close  of  this  most  eventful  year,  "  the  Indians  disap- 
peared for  a  while :"  and  the  only  permanent  settlements  yet 
formed  in  Kentucky,  were  at  Boonesborough,  with  twenty-two 
men^  at  Harrodsburgli,  with  sixty-five;  and  at  Logan's  fort, 
or  St.  Asaphs,  with  fifteen.  In  this  army  of  Kentucky, 
amounting  to  one  hundred  and  two  men,  a  few  less  than  the 
first  band  of  Plymouth  pilgrims ;  the  occasional  militia  from  the 
nearest  settlements,  who  had  returned  home  in  the  autumn, 
are  not  estimated. 

With  this  small  number  of  fighting  men  in  the  country,  no  lan- 
guage can  describe  the  distress,  which  was  felt  when  intelligence 
was  received  of  the  capture  of  Daniel  Boone,  with  twenty-seven 
men  at  the  Lower  Blue  Licks.  The  circumstances  of  this  heavy 
misfortune  were,  that  Boone,  on  the  Ist  January,  1778,  had  with 
thirty  men,  gone  to  these  Licks  *"  to  make  salt  for  the  different 
garrisons  in  the  country,  where  the  people  were  in  great  want  of 
that  article,  without  the  prospect  of  supply  from  abroad."  The 
7th  of  the  ensuing  February,  as  he  was  hunting  for  the  support 
of  the  salt-makerS,  he  fell  in  with  a  large  Indian  party  with  two 
Frenchmen,  on  its  march  to  attack  for  a  third  time,  the  devoted 
Boonesborough.  At  this  moment  the  Indians  particularly  wanted 
a  prisoner,  who  might  give  them  intelligence;  and  while  Boone 
fled  some  of  their  swiftest  warriors  pursued,  and  overtook  him. 
Eight  days  afterwards,  they  brought  Boone  to  the  Licks ,  where 
twenty  seven  of  his  men  surrendered  as  prisoners,  by  previous 
capitulation,  in  which  they  were  promised  life,  and  good  treat- 
ment. The  other  three  men  of  the  party,  had  been  sent  home 
with  the  salt,  which  had  been  made. 

The  Indians  most  fortunately  for  Kentucky,  instead  of  push- 
ing their  advantage  against  the  weakened  forts,  and  with  such 
precious  pledges  in  thffir  possession,  sweeping  the  land  by  the 
threats  of  massacreing  their  prisoners ;  elated  with  their  suc- 
cess, they  proceeded  to  Chilicothe  on  the  Little  Miami.  In 
justice  to  our  ferocious  foes,  it  must  be  observed,  that  during  a 

*  Boone's  Narrative,  page  18. 


96  HISTOKY   OP   KEXTICKY. 

march  of  ihree  days  iii  cold  and  inclement  weather,  they  treated 
the  prisoners,  as  they  did  themselves;  *"  the  generous  usage'' 
says  Boone,  "  the  Indians  had  promised  before  in  ray  capitula- 
tion, was  afterwards  fully  complied  with."  An  instance  of 
Indian  faith,  a  continuance  of  which,  might  have  saved  both 
belligerents  many  ruthless  scenes. 

Early  in  June,  1778,  a  party  of  four  hundred  and  fifty  war- 
riors assembled  at  Chilicothe,  armed  and  painted  in  their  usual 
terrific  manner,  for  another  expedition  against  the  marked 
and  signal  object  of  Indian  resentment  and  hostility — Boone's 
fort  on  the  Kentucky  river.  Now  for  once  Captain  Boone 
derived  pleasure  from  his  captivity,  as  it  gave  him  informa- 
tion of  the  utmost  importance  to  his  garrison;  "and  which 
he  determined  at  all  hazards,  to  convey  to  it,  in  order  to  save 
it  from  destruction."  "  On  the  16th  of  the  month,  before 
sun  rise  I  departed,"  says  the  pioneer,  "  in  the  most  secret 
manner,  and  arrived  at  Boonesborough  on  the  20th,  after  a 
journey  of  one  hundred  and  sixty  miles,  during  which,  I  had 
but  one  meal."  Never  could  an  escape  have  been  more  provi- 
dential for  the  redei  ption  of  our  forlorn  pioneers;  ihe  jfort 
was  in  a  bad  state  of  defence;  they  proceeded,  however,  "  to 
repair  its  flanks,  strengthen  its  gates  and  posterns,  and  to  form 
double  bastions;  all  of  which  was  completed  in  ten  days."  A'- 
length  one  of  the  white  prisoners  escaping  from  the  enemy, 
informed  our  people  that  they  had,  on  learning  Boone's  elope- 
ment, "  postponed  their  expedition  three  weeks."  The  Indians 
had  spies  out  viewing  our  movements,  and  were  greatly  alarm- 
ed at  our  increase  in  number  and  fortifications.  "  The  grand 
councils  of  the  nation  were  held  frequently,  and  with  more 
deliberation  than  usual.  They  evidently  saw  the  appr^'aching 
hour,  when  ihe  Long  Knife  would  dispossess  them  of  their  de- 
sirable habitations;  and  anxiously  concerned  for  futuri  y,  deter- 
mined utterly  to  extirpate  the  whi'cs  oilt  of  Kentucky,"  Our 
forlorn  band  way  not  intimidated  at  (he  fearful  odds  opposed  to 
them;  but, in  the  face  of  so  formidable  an  invasion,  as  was  im- 
pending over  them,  Captain  Boone,  about  the  1st  of  August, 

»  Boone's  Narrative,  page  19.    t  Iilora,  page  21. 


HISTORY   OF    KENTUCKY.  97 

1778,  made  an  incursion  into  the  Indian  country,  with  a  party 
of  nineteen  men,  in  order  to  surprise  a  small  town  on  the 
Scioto,  called  Paint-Creek-Town.  "  We  advance  I,"  says  he, 
"  withiii  four  miles  thereof,  where  we  met  a  party  of  thirty- 
Indians,  on  their  march  against  Boonesborough,  intending  to 
join  the  others  at  Chilicothe.  A  smart  fight  ensued  betwixt  us 
for  some  time;  at  length  the  savages  gave  way  and  fled." 
Learning  from  two  of  his  .'pies,  who  had  been  sent  o.i  to  the 
town,  that  the  Indians  had  deserted  it,  Boone  returned  with  all 
possible  expedition  to  assist  the  garrison  at  home.  On  the  6th 
of  August,  he  passed  a  mixed  party  of  Canadians  and  Indians, 
and  on  the  7th  day,  the  party  arrived  safe  at  Boonesborough. 
Could  active  enterprise  have  been  more  gallantly  displayed  at 
the  head  of  thousands,  thin  by  this  sagacious  and  intrepid  Cap- 
tain of  rangers?  In  the  face  of  an  enemy,  twenty  times  his 
force,  he  carried  the  war  into  the  enemy's  country.* 

"On  the  8th  of  August,  1778,  the  Indian  army  (if  the  term  is 
not  hyperbolical)  arrived,  consisting  of  four  hundred  and  forty- 
four  men,  commanded   by   Captain   Diiquesne,  eleven  other 
Frenfhtnen,  and  somo   of  their  own  chiefs;  and  marched  up 
within  view  of  our  fort,  with  British  and  French  co'ors  flying." 
Boone  was  summoned  in  His  Britannic  Majesty's  nnme,  to  sur- 
render his  fort;  I  c  requested  two  days  for  consid^-ration,  which 
were  granted.     It  was  now  indeed,  in  the  language  of  Boone, 
«a  critical  time"  with  the  besieged:  their  numbers  were  small, 
the  army  before  the  walls  powerful,  "fearfully  painted,   and 
marking  their  footsteps  with  desolation."     Death   was,  how- 
ever, preferable  to  cnptivity  among  such  an  enemy,  and  this 
could  but  be  their  fate,  when  the  fort  should  be  taken  by  storm. 
The  party,  therefore,  concluded  to  maintain  the  garrison  to  the 
last  extremity.      The  horses  and  cattle  were  collected  and 
brought  into  the  fort;  and  on  the  evening  of  the  9th,  Boone  re- 
plied to  the  summons  of  surrender,  that "  they  were  determined 
to  defend  their  fort  while  a  man  was  living."     Contrary  to  all 
expectations,  the  garrison  was  then  informed,  that  "  it  was  the 

*  Boone's  Narrative,  page  23. 
I 


98  HISTORY   OF   KENTUCKY. 

orders  of  Governor  Hamilton  (the  British  officer  at  Detroit)  to 
lake  them  captive,  and  not  to  destroy  them;*  but  if  nine  of  us 
would  come  out  and  treat  with  them,  they  woidd  immediately 
withdraw  their  forces  from  our  walls,  and  return  home  peacea- 
bly."    Although  this  is  the  exact  statement  of  Captain  Boone, 
it  almost  surpasses  belief,  that  so  prudent  a  commander,  should 
have  listened  to  so  insidious  a  proposal,  carrying  deception , 
palpably  on  its  face.     Yet  the  enemy's  proposition  was  em- 
braced; and  a  treaty  concluded  within  sixty  yards  of  the  fort. 
The  Indians  then  came  forward  and  informed  Boone,  "  that  it 
was  customary  with  them  on  such  occasions,  for  two  Indians  to 
shake  hands  with  every  white  man  in  the  treaty,  as  an  evidence 
of  entire  friendship,  they  immediately  grappled  us"  says  Boone, 
"  but  although  surrounded  by  hundreds  of  savages,  we  extricated 
ourselves  from  them,  and   escaped  all  safe  into  the  garrison ; 
except  one  that  was   wounded,"  under  a  heavy  fine  from  the 
enemy.     The  escape  was  as  wonderful,  and  in  defiance  of  all 
rational  probabilities,  as  the  exposure  had  been  weak  and  credu- 
lous, to  an  extreme.     The  whole  transaction  evinces  an  unac- 
countable ccnfidcnce  on  the  part  of  Boone,  only  equalled  by 
the  awkward  treachery  of  his  antagonists.   ^VelI  may  Mr.  Mc- 
Clung,  in  his  most  interesting  and  lively  "  Sketches  of  Western 
Adventure,"  observe,  j"  that  there  seems  to  have  been  aeon- 
test  between  Boone  and  Duquesne,  as  to  which  should  shew 
the  greatest  quantum  of  shallowness.     The  plot  itself  was  un- 
worthy of  a  child,  and  the  execution  beneath  contempt."  Boone, 
hov.evcr,  is  said  to  have  suspected  treachery,  and  to  have  sta- 
tioned a  guard,  and  taken  arms  to  repel  it. 

The  enemy  "  now  attacked  us  on  every  side,  and  a  constant 
fire  ensued  between  us,  day  and  night,  for  the  space  of  nine 
days."  During  the  seige  an  attempt  was  made  to  undermine 
the  fort,  which  stood  only  sixty  yards  from  the  river  bank;  as 
ftocn  as  this  was  discovered  by  the  muddiness  of  the  water,  pro- 
duced by  the  excavated  clay;  a  trench  was  cut  to  intersect  the 
mine  in  the  bank  of  the  river.  When  the  besiegers  found  out 
this,  by  the  clay  thrown  out  of  the  fort,  they  desisted  from  their 

*  Boono's  Narrative,  page  23-  t  Sketchea,  page  63- 


niSTORY   OF   KENTUCKY.  99 

fetratngcm,  and  on  the  20th  day  of  August,  raised  the  siege  and 
departed.  During  this  formidable  siege,  which  seemed  to 
threaten  so  dreadfully,  the  garrison  "  had  but  two  men  killed, 
and  four  wounded;  besides  a  number  of  cattle"  destroyed.  A 
degree  of  injury  almost  incredibly  insignificant,  under  such 
fearful  odds  of  numbers;  while  the  enemy's  loss  amounted  to 
*'  thirty- seven  killed,  and  a  great  number  wounded."  One 
hundred  and  twenty-five  pounds  of  bullets  were  picked  up  about 
the  fort,  besides  those  which  had  penetrated  into  the  logs  of 
the  walls."  Thus  most  fortunately  terminated,  an  expedition 
strong  enough,  under  a  persevering  and  energetic  commander, 
with  suitable  followers,  to  have  stormed  every  fort  in  the  coun- 
try^ and  to  have  swept  it  clean  of  the  white  man.  Providence 
ordered  it  otherwise,  and  as  the  author  confidently  believes,  for 
the  good  of  mankind ;  which  can  never  be  extensively  promoted 
under  the  dominion  of  the  ignorance,  the  brutality,  and  the  fe- 
rocity, incident  to  a  savage  state.  Sickly  must  the  benevolence 
of  that  bosom  be,  which  sighs  over  the  triumphs  of  civilization, 
even  in  its  ruder  forms ;  for  they  are  the  harbingers  of  brighter 
and  better  days  of  diffusing  light,  and  learning,  and  religion. 

The  Fall  of  1779,  was  memorable  for  the  removal  of  a  great 
many  families  from  the  interior  of  Virginia  and  from  the  neigh- 
boring States.*  This  extended  emigi'ation  is  attributed  to  the 
law  then  adopted  by  Virginia  respecting  the  disposition  of  her 
vast  empire  of  new  and  unappropriated  lands.  "By  this  law, 
commissioners  were  to  be  appointed  to  hear  and  determine,  all 
disputes  relative  to  land  claims,  and  to  grant  certificates  of  hav- 
ing settled  in  the  country  and  of  rights  to  purchase  before  oth- 
ers; or  pre-emption  claims,  as  they  were  called,  to  those  enti- 
tled to  receive  them."!  The  county  of  Kentucky,  then  synon)- 
mous  with  the  subsequent  boundaries  of  the  State,  was  placed 

*  Three  hundred  lnra;e  family  lioats  arrived  duriimtlic  cnsuins  Pprins  at  the  Falls;  and 
as  many  as  ten  or  fifteen  \va;;ons  could  lie  seen  of  a  <l,iy,  coinz  from  tlioni.  By  this 
time,  there  were  six  stations  on  Hear:,'ras3  Creek,  with  a  |)0|)ulation  of  six  Inindrcd"  men. 
The  price  ofrorn  fluctuated  from  lifty  dollars  per  linslicl.  in  Decendier,  1779,  to  one  hundred 
and  sixty-live  dollars  per  In^hel.  in  januruy,  17S0,  and  thirty  dollars  in  May.  These  price* 
were  at  a  season  of  olistru-'od  navigation,  and  in  deprccialcd  paper;  iiut  its  value  in  gold 
and  silver  is  not  known  ^Colonel  Floyd's  CorrcsptnUciice. 

f  Marshall,  I,  97. 


100  HISTORY  OF    KENTUCKY, 

under  the  jurisdiction  of  this  board,  composed  of  four  members 
with  appropriate  judicial  powers.  This  Court  had  jurisdiction 
on  these  most  interesting  matters  involving  the  whole  real  es- 
tate of  the  country,  without  appeal  j  unless  where  one  of  the 
parties  could  not  procure  the  attendance  of  witnesses;  in  which 
case,  the  claim  was  to  be  adjourned  to  the  General  Court  for  fi- 
nal decision.  Exceptions  were  made  in  favor  of  military  offi- 
cers in  the  service  of  the  United  States  or  the  State  of  Virginia, 
who  had  a  year  from  their  resignation  or  discharge  to  perfect 
their  claims.  These  privileges  interfering  so  much  with  the 
rights  of  innocent  parties,  were  afterwards  limited.  The  com- 
missioners appointed  to  execute  this  momentous  trust  for  Ken- 
tucky, were  William  Fleming,  Edmund  Lync,  James  Barbour, 
and  Stephen  Trigg,  all  resident  in  other  parts  of  Virginia.  On 
the  13th  of  October,  this  great  land  court  was  opened  at  St^ 
Asaph's;  and  John  Williams,  Jr.  was  appointed  clerk.  Some 
specimens  of  their  adjudications  shall  be  presented  for  the  cu- 
riosity of  their  nature.  The  first  claim  presented,  was  that  of 
Isaac  Shelby,  (afterwards  twice  governor  of  the  State,)  to  a  set- 
tlement and  pre-emption,  as  it  was  termed, yor  raising  a  crojt 
of  corn  in  the  country  in  1776.  It  was  granted :  these  techni- 
cal terms  in  the  land  law  of  Virginia,  require  explanation  to  a 
general  reader.  A  settlement,  consisted  in  an  allowance  of 
"four  hundred  acres,  or  such  smaller  quantity,  as  the  party  may 
choose  to  include  his  improvement  or  cultivation,  granted  to  any 
person,  who  should,  at  any  time  before  the  1st  of  January  1778, 
have  really  and  bona  fide  settled  himself  or  his  family,  upon 
any  waste  and  unappropriated  lands  on  the  Western  waters,  to 
which  no  other  hath  any  legal  right  or  claim."  For  this  grant, 
two  dollars  and  a  quarter  per  hundred  acres,  were  exacted  by 
the  State.  A  pre-emption  was  nothing  more  than  a  right 
(which  every  person  entitled  to  a  settlement  possessed,)  to  pay 
the  State  price  for  any  quantity  of  land  adjoining  his  settlement, 
not  exceeding  one  thousand  acres.  These  latter  claims  were 
to  be  paid  for,  at  the  rate  of  forty  dollars  per  hundred  acres; 
various  other  most  cqiiitabM  and  beneficent  provisions  were  en- 
acted for  otiicr  claimants  on  the  bounty  of  the  State.     Yet  with 


HJSTOBV   OF  KENTUCKY.  101 

this  generous  character  plainly  represented  on  the  face  of  the 
land  law,  even  to  an  overflowing  of  charity  and  consideration 
for  the  poor,  selling  them  farms  even  on  these  low  terms,  upon 
credit;  never  was  a  measure  of  legislation  so  fruitful  of  curses 
and  calamities  to  any  community'  of  people  as  the  land  law  of 
Virginia .  It  has  proved  a  perfect  Pandora's  box  to  Kentucky, 
constantly  tricking  her  industrious  and  enterprising  citizens 
out  of  the  fruits  of  their  brave  and  hardy  exertions;  distracting 
our  courts  and  legislatures  with  its  endless  perplexities  and  re- 
finements. But  of  this  on  another  occasion.  The  court  of  land 
commissioners  assembled  at  different  parts  of  the  county  from 
Harrodsburgh  to  the  Falls,  and  on  the  2Gth  of  January,  1780, 
declared  its  dissolution,  after  having  adjudicated  upon  three 
thousand  land  claims. 

About  the  1st  of  April,  1779,  a  block  house  was  built  where 
the  neat  and  beautiful  city  of  Lexington  now  adorns  the  State 
with  her  literary  and  scientific  institutions.  Here  a  settlement 
was  begun  under  the  auspices  of  Robert  Patterson,  who  was 
an  early  and  meritorious  adventurer,  much  engaged  in  the  de- 
fence of  the  country.  Colonel  Patterson  was  joined  by  the 
McConnel's,  Lindsey's  and  James  Masterson ;  soon  after,  Major 
John  Morrison,  removed  his  family  from  Harrodsburgh,  and 
Mrs.  Morrison  was  (he  first  white  female  settled  in  Lexington. 

This  name  v/as  jriven  to  coniaiemorate  the  battle  of  Lexinsf- 
ton,  in  Massachusetts,  at  the  commencement  of  the  Revolu- 
tionary war.  A  name  finely  calculated  to  perpetuate  the  no- 
blest of  the  patriotic  associations,  for  which,  the  people  of  Lex- 
ington have  ever  been  distinguished.* 

♦Lexin!!ton  consisted  at  this  time,  of  tliree  rows  of  bouses  or  cabins;  the  two  outer 
rows  constituted  a  portion  of  the  walls  of  tlie  stockade.  These  extended  from  the  corner 
of  therity,  no-.v  known  by  the  name  of  Levy's  corner,  to  James  Mastorson's  l;ouse,  on 
Main  Street.  The  intervals  l)et ween  the  houses  were  stockaded;  the  nutlet  a  puncheon 
iloor  with  a  harto secure  it.  A  block  lionse  commanded  the  public  sjirin;:,  and  a  com- 
mon field  included  the  site  of  the  present  court-house.  The  discipline  about  the  fort,  is 
however,  8.iid  never  to  have  been  very  rigid:  nor  was  thtj  fortification  very  strictly  kept 
in  order. 

It  is  not  cenerally  known,  that  the  southwestern  part  of  the  State  was  settled  as  early 
as  1782.  In  the  testimony  on  record,  in  the  case  of  Craddock  asaiiisl  William  Russell's 
heirs,  in  the  Court  of  Apjieals.  Colonel  Abraham  Snjart  deposed  thni.  his  father  had,  at 
that  time,  settled  on  Red  river;  and  nlwul  five  miles  aliove  the  mouth  of  the  Elk  fork  of 
Red  river, southwest  of  the  present  town  of  Russelvillc.  Its  noble  spring  was  well  known 
in  1784. 

To  this  may  be  added  the  following  information  respecting  the  same  section  of  Ken- 
tucky.   Judge  Underwood  informs  the  author,  that  bis  uncle,  Edmund  Rogers,  had  oh- 

I* 


102  HISTORY   OF  KEXTUCKr. 

Bryant's  station,  about  five  miles  north-eastward  of  Lexing- 
ton, was  settled  by  the  Bryants  in  1779,  and  several  stations 
were  erected  in  the  neighborhood  of  the  present  town  of  Dan- 
ville. This  notice  must  suffice  for  the  rise  of  our  towns,  now 
merging  fast  into  the  general  settlement  of  the  country  in  its 
wide  extent. 


CHAPTER  Vn. 


Colonel  Daviil  Rogers'  Expedition  to  New  Orleans— Defeat— Captain  ncnham— Colonel 
Bowman's  Expedition — Colonel  Byrd's  Expedition  up  Lickin? — General  Georee  Ro- 
eers  Clark's  march  from  Fort  Jefferson — Shuts  up  the  Land  Office  at  Harrodsburgh— 
Expedition  against  Pickaway. 

The  annoyance  of  the  Indians  still  continued,  occasionally 
infesting  the  stations,  and  intercepting  the  traveller  and  the 
hunter;  yet  the  people  pursued  their  business  in  the  midst  of 
hostility. 

There  was  a  melancholy  illustration  of  this,  in  an  encoun'er 
of  memorable  fatality,  which  took  place  between  a  large  party 
of  Indians  and  Colonel  David  Rogers  and  Captain  Robert  Ben- 
ham,*  commanding  a  couple  of  keel  boats  loaded  with  military 
stores,  and  manned  by  about  one  hundred  men.  The  former 
officer  had  been  despatched  by  the  Executive  of  Virginia  in  the 
preceding  year,  to  New  Orleans,  for  the  purpose  of  procuring 
supplies  from  the  Spanish  government  at  that  place;  in  order 
to  support  the  military  posts  on  the  Upper  Ohio,  and  the  Mis- 
sissippi. This  is  mentioned  in  a  letter  of  Governor  Henry  ad- 
dressed to  Lieutenant  Colonel  Clark,  and  dated  January  luth, 

?en-ed  the  following  circnmstanccs,  before  there  was  any  settlement  south  of  Green  ri- 
ver. "There  was  a  lieerli  tree  standing.'  in  a  bottom  on  the  mariin  of  the  oast  fork  of  the 
90'Uh  branch  of  Eitt  c  Barren  river,  about  a  quarter  of  a  mile  from  Edmunton,  in  Barren 
county,  which  had  upon  it  the  name  of  "Janus  JFcCall,  of  Merklenbiir;;  county,  North- 
Carolina,  June  8th,  1770.''  Tltose  words  were  rut  in  very  handsome  letters,  with  several 
initials  of  other  nam(>s.  ,Mso  on  the  Sulphur  fork  of  Buys  fork  of  Bi;;  I'arren  river,  at 
or  ncsr  the  Sulphur  I.irk,now  in  Allen  county,  south-cast  of  Bowlilij-Green,  the  follow- 
ing words  were  found  by  the  same  ancient  st-ttler,  cut  in  the  baik  of  a  beech  tree — "James 
McCall  dined  here  on  his  way  lo  Natchez,  June  the  lOth,  1770."  Judge  Underwood  when 
a  boy,  has  frerpienlly  seen  Uies(;  memorials  of  early  visiters  to  Kentucky,  Tne  i)arty 
must,  in  all  probability,  have  perished;  unless  some  record  of  their  visit,  may  be  preserved 
in  North  Carolina." 

»  The  father  of  Josephs.  Bjnham,  Esq.,  of  the  Louisville  Bar. 


UISTORY   OF   KEXTUCKY. 


103 


1778.     *When  Rogers  arrived  at  the  mouth  of  the  Ozark,  since 
called  Arkansas;  he  sailed  up  that  river,  some  twelve  or  eigh- 
teen leagues,  to  the  head  of  the  back  water,  or  overflown  ground; 
and  there   he    deposited    his  boats,    and    stationed    his  men, 
and  proceeded  with  six  or  seven,   including  Captain  Robert 
Benham,  down    the  Mississippi  to  New  Orleans.     When  he 
arrived  at  that  city,  he  found  a  British  sloop  of  war  in  the  port, 
the  Captain  of  which,  suspicious  of  the  object  of  an  American 
party  from  such  a  direction,  (a  circumstance  of  no  common  oc- 
currence at  thit  day,)  watched  his  movements  narrowly,  and 
impeded  his  business  with  the  Spanish  officers.     For  although 
they  were  privately  disposed  to  promote  the  American  interests ; 
yet  as  the  courts  of  Madrid  and  London  were  not  openly  at 
war,  embarrassment  was  unavoidable  in  the  presence  of  a  Bri- 
tish force.!     The  situation  of  Major  Rogers  was  truly  critical 
and  perplexing;  under  these  circumstances,  he  found  it  neces- 
sary to  send  Captain  Benham  through  the  appalling  extent  of 
Indian  country,  on  the  west  side  of  the  Mississippi,  with  des- 
patches (it  is  conjectured)  for  the  government  of  Virginia. 
Benham,  with  the  hardihood  characteristic  of  the  times,  subsist- 
ing principally  on  Indian  corn  boiled  in  lye,  to  save  it  from 
the  weavil,   passed  through   the    Indian   wilderness,  reached 
Kaskaskia,   then  under  the  American   arms;   and  proceeded 
to  the  Falls  of  Ohio,  in  the  spring  of  1779.     Soon  after  his 
arrival   at  this  place,   owing  to   some  unexplained  success; 
Colonel  Rogers,  with  two  keel  boats,  ascended  to  the  same 
place,  on  his  return  to   Pittsburgh,    and    most  joyfully  took 
Captain  Benham  on  board.     The  latter  gentleman  was  then 
placed  in  command  of  one  of  the  boats,  and  the  little  American 
squadron,  the  second  escort  of  military  supplies  procured  by 
our  countrymen  from  New  Orleans,  moved  on  its  destination 
up  the    Ohio.     When  Colonel  Rogers  reached  the  sand  bar 
above  the  present  city  of  Cincinnati,  he  found  it  bare  more  than 
half  the  width  of  the  river.     He  now  discovered  a  number  of 
Indians  on  rafts  and  in  canoes,  coming  out  of  the  mouth  of  the 
Little  INIiami  river,  which  was  then  high,  and  shot  its  waters, 

*  Judge  Dunlavy,  of  Oliio.    fThe  declaration  of  war  took  place  January  16th,  1779. 


104  HISTORY   OF  KENTUCKY. 

and  consequently  the  Indians  on  their  craft,  nearly  across  the 
Ohio  river.  On  seeing  the  enemy,  Colonel  Rogers  ordered  his 
men  to  land  and  attack  them;  thinking  he  would  be  able  to 
surprise  them.  But  on  landing  and  marching  through  the  wil- 
lows with  which  the  bar  was  then  covered ;  and  before  they  arriv- 
ed at  the  place  where  they  expected  to  meet  the  Indians,-  they 
were  themselves  surrounded  by  nearly  five  times  their  number. 
The  enemy  quickly  despatched  the  greatest  part  of  the  crew 
with  Colonel  Rogers.  The  remainder  endeavored  to  retreat  to 
the  boats;  but  they  were  pursued  too  relentlessly  with  the  toma- 
hawk. One  of  the  boats,  however,  escaped  with  two  men  and 
reached  the  Falls.  Not  more  than  nine  or  ten  ever  returned 
to  their  families  and  friends.  It  may  be  safely  affirmed,  that 
the  annals  of  Indian  or  border  warfare  contain  not  a  bloodier 
page.  Compared  with  the  battle  of  the  Blue  Licks,  Rogers' 
defeat  was  undoubtedly  the  more  disastrous. 

In  both  instances  the  success  of  the  Indians  may  be  attributed 
more  to  the  nature  of  the  battle  ground,  than  to  iheir  numerical 
superiority.  They  lay  encamped  at  the  foot  of  the  river  hill, 
a  few  hundred  yards  from  its  bank,  on  which  Rogers  and  his 
men  stood  anxiously  watching  the  rafts  and  canoes  mentioned 
above;  in  this  situation  the  Indians  had  only  to  ^anA:  to  the 
right  and  left  from  the  base  of  the  hill  to  the  river  (a  manoeuvre 
which  they  always  perform  with  skill  and  celerity)  to  secure 
their  prey.  Thus  hemmed  in,  surro  inded  and  surprised,  it  is 
only  astonishing,  considering  the  disparity  of  numbers,  that 
they  were  not  all  massacred. 

Leonidas  in  the  straights  of  Thcrmopyljr?,  had  not  to  contend 
with  more  discouraging  circumstances  than  the  brave  and  un- 
fortunate Rogers  in  this  bloody  horse-shoe.  The  Indians  took 
and  plundered  one  of  the  boats  by  which  they  got  considerable 
booty,  consisting  of  ready-made  clolhing  and  munitions  of  war, 
which  Colonel  Rogers  had  obtained  from  the  Spaniards  for  the 
use  of  the  forts  on  the  frontier  of  Virginia.  It  is  a  little  remark- 
able, that  only  a  few  years  ago,  after  one  of  the  periodical 
freshets,  several  gross  of  metal  buttons  were  found  on  the  bar 
where  they  had  been  buried  ever  since  the  battle.     They  were 


HISTORY   OF   KENTUCKY.  105 

deposited  by  the  fisherman  who  found  them  in  Mr.  Dorfuille's 
Museum  at  Cincinnati.  It  may  be  asked  what  could  have  em- 
bodied on  the  bank  of  the  Ohio,  at  so  early  a  period,  four  or 
five  hundred  Indian  warriors,  armed  and  equipped  for  battle? 
They  were  from  a  predatory  incursion  against  the  white  settle- 
ments in  the  interior  of  Kentucky — an  expedition  which  they  had 
undertaken  in  the  vain  expectation  of  extirpating  the  settlers, 
A  block-house  in  the  vicinity  of  Lexington  had  been  beleaguered 
by  them  for  several  days.  The  chief  of  this  daring  band  of  marau- 
ders was  a  Canadian  Frenchman  of  the  half-blood  by  the  name 
of  Birde.  Born  and  reared  among  savages,  he  was  alike  dis- 
tinguished for  cunning  and  ferocity ;  qualities  which  are  sup- 
posed to  be  somewhat  peculiar  to  this  mongrel  breed.  Such, 
however,  was  the  outline  of  his  character  as  drawn  by  Colonel 
Campbell,  whom  he  curried  a  prisoner  to  Detroit,  and  who  was 
treated  by  him  on  the  way  in  a  most  barbarous  manner.* 

Captain  Benham  shortly  after  breaking  through  the  enemy's 
line,  was  dangerously  wounded  through  the  hips.t  t"^oi"ti^^ate- 
iy,  a  large  tree  had  lately  fallen  near  the  spot  where  he  lay,  and 
with  great  pain,  he  dragged  himself  into  the  top,  and  lay  con- 
cealed among  the  branches.  The  Indians,  eager  in  pursuit  of 
the  others,  passed  him  without  notice,  and  by  midnight  all  was 
quiet.  On  the  following  day,  the  Indians  returned  to  the  battle 
ground,  in  order  to  strip  the  dead  and  take  care  of  the  boats. 
Benham,  although  in  danger  of  famishing,  permitted  them  to 

*  Letter  of  Joseph  a  Benham,  Esq.  f  McClung'3  Sketches. 

I  The  suffering  of  Captain  Benham,  who  in  this  battle  was  dangerously  wounded  in 
the  left  hip,  and  lay  for  several  weeks  at  the  mouth  of  Licking  before  he  was  removed  to 
the  Falls,  is  well  known.  His  companion  in  distress,  whose  arms  were  broken,  is  Btill 
alive,  and  resides  in  the  town  of  Brownsville,  Pennsylvania,  which,  at  the  time  he  jomeu 
Koiters'  expedition,  was  the  ultima  thuie  of  western  civilizaiion,  or  rather,  emigration. 

Captain  Benham  left  the  Falls  as  soon  as  his  wound  would  permit,  and  returned  home 
by  the  way  of  New  Orleans.  About  twenty  years  after,  heaaain  returned  to  the  west  m 
General  Harmaf's  campaign.  In  1790,  he  was  appointed  Commissary  General  to  tho 
Army  under  the  command  of  General  St.  Clair,  and  be  continued  in  the  service  perform- 
ing the  most  arduous  and  responsible  duties  until  after  the  treaty  of  Greenville,  which 
put  a  period  to  this  bloodv  sequel  to  the  war  of  Iiidi'iifiidence.  In  St.  Clair's  defeat,  at  the 
request  of  the  General  when  the  army  was  surrounded,  be  mounted  his  horse  and  was 
among  the  foremost  in  leading  on  the  bloody  charge  which  broke  through  the  enemy  « 
lines,  and  saved  the  remnant  of  our  troops.  Here  be  was  again  wounded.  But  few  have 
braved  more,  and  endured  more,  and  contributed  more,  in  the  exploration,  conquest,  and 
settlement  of  the  western  country,  tban  this  adventurous  pioneer.  He  was  man>  yeari 
a  useful  and  leading  member  of  the  territorial  and  elate  legislatures  of  Ohio.  He  lived  to 
see  the  wilderness,  which  he  had  assisted  in  conquering  from  the  aborigines,  "  budding 
and  blossoming  as  the  rose." 


108  HISTORY   OF   KEXrUCKY. 

pass  without  making  known  his  condition,  very  correctly  sup- 
posing that  his  crippled  legs,  would  only  induce  them  to  toma- 
hawk him  upon  the  spot,  in  order  to  avoid  the  trouble  of  carry- 
in  o-  him  to  their  tov.-n.     He  lav  close,  therefore,  until  the  even- 
ing  of  the  second  day,  when  perceiving  a  raccoon  descendmg 
a  tree,  near  him,  he  shot  it,  hoping  to  devise  some  means  of 
reachino-  it,  when  ho  could  kindie  a  fire  and  make  a  meal. 
Scarcely  had  his  gun  cracked,  however,  when  he  heard  a  human 
cry,  apparently  not  more  than  fifty  yards  off.     Supposing  it  to 
be  an  Indian,  he  hastily  reloaded  his  gun,  and  remained  siienty 
expecting  the  approach  of  an  enemy.  Presently  the  same  voice 
•was  heard  again,  but  much  nearer.     Still  Benham  made  no  re- 
ply, but  cocked  his  gun  and  sat  ready  to  fire,  as  soon  as  an  ob- 
ject appeared.     A  third  halloo  was  quickly  heard,  followed  by 
an  exclamation   of  impatience  and  distress,  which  convinced 
Benham  that  the  unknown  must  be  a  Kentuckian.     As  soon,, 
therefore,  as  he  heard  the  expression  "whoever  you  are — for 
God's  sake  answer  me !"— he  replied  with   readiness,  and  the 
parties  were  soon  together.     Benham,  as  we  have  already  ob- 
served, was  shot  through  both  legsl— the  man  who  now  appear- 
etl,  had  escaped  from  the  same  battle,  with  both  arms  broken! 
Thus  each  was  enabled  to  supply  what  the  other  wanted.    Ben- 
ham having  the  perfect  use  of  his  arms,  could  load  his  gun  and 
kill  game,  with  great  readiness,  while  his  friend  having  the  use 
of  his  legs,  could  kick  the  game  to  the  spot  where  Benham  sat,, 
who  was  thus  enabled  to  cook  it.  When  no  wood  was  near  them, 
his  companion  would  rake  up  brush  with  his  feet,  and  gradually 
roll  it  within  reach  of  Benham's  hands,  who  constantly  fed  his 
companion,  and  dressed  Ms  wounds,  as  well  as  his  own — tearing 
up  both  of  their  shirts  for  that  purpose.     They  found  some  dif- 
ficulty in  procuring  water,  at  first— but  Benham  at  length  took 
his  own  hat,  and  placing  the  rim  between  the  teeth  of  his  com- 
panion, directed  him  to  wade  into  the  Licking,  up  to  his  neck, 
and  dip  the  hat  into  the  v.atcr  (by  sinking  his  own  head.)    The 
man   who  could  walk,  was  thus  enabled  to  bring  water,  by 
means  of  his  teeth,  which  Benhim  could  afterwards  dispose  of 
as  was  necessary. 


ICISTORY    OF    KENTUCKY.  107 

ki  a  few  days,  they  had  killed  all  the  squirrels  and  birds 
within  reach,  and  the  man  with  the  broken  arms,  was  sent  out 
to  drive  game  within  gunshot  of  the  spot,  to  which  Benham  was 
confined.  Fortunately,  wild  turkeys  were  abundant  in  those 
woods,  and  his  companion  would  walk  around,  and  drive  them 
towards  Benham,  who  seldom  failed  to  kill  two  or  three  of  each 
flock.  In  this  manner,  they  supported  themselves  for  several 
weeks,  until  their  wounds  had  healed,  so  as  to  enable  them  to 
travel.  Thev  then  shifted  their  quarters,  and  put  up  a  small 
shed  at  the  mouth  of  Licking,  where  they  encamped  until  late 
in  November,  anxiously  expecting  the  arrival  of  some  boat, 
which  should  convey  them  to  the  Falls  of  Ohio. 

On  the  27th  of  November,  they  observed  a  flat  boat  moving 
leisurely  down  the  river.  Benham  instantly  hoisted  his  hat 
upon  a  stick  and  hallooed  loudly  for  help.  The  crew,  however, 
supposing  them  to  be  Indians — at  least  suspecting  them  of  an 
intention  to  decoy  them  ashore,  paid  no  attention  to  their  sig- 
nals of  distress,  but  instantly  put  over  to  the  opposite  side  of 
the  river,  and  manning  every  oar,  endeavored  to  pass  them  as 
rapidly  as  possible.  Benham  beheld  them  pass  him  with  a  sen- 
sation bordering  on  despair,  for  the  place  was  much  frequented 
by  Indians,  and  the  approach  of  winter  threatened  them  with 
destruction,  unless  speedily  relieved.  At  length,  after  the  boat 
had  passed  him  nearly  half  a  mile,  he  saw  a  canoe  put  ofi' from 
its  stern,  and  cautiously  approach  the  Kentucky  shore,  evi- 
dently reconnoitering  them  with  great  suspicion.  He  called 
loudly  upon  them  for  assistance,  mentioned  his  name  and  made 
known  his  condition.  After  a  long  parley,  and  many  eviden- 
ces of  reluctance  on  the  part  of  the  crew,  the  canoe  at  length 
touched  the  shore,  and  Benham  and  his  friend  were  taken  on 
board.  Their  appearance  excited  much  suspicion.  They 
were  almost  entirely  naked,  and  their  faces  were  garnished 
with  six  weeks  growth  of  beard.  The  one  was  barely  able  to 
hobble  upon  crutches,  and  the  other  could  manage  to  feed  him- 
self with  one  of  his  hands.  They  were  instantly  taken  to 
Louisville,  where  their  clothes  (which  had  been  carried  off  in 
the  boat  which  deserted  them)  were  restored  to  them,  and  after 
a  few  weeks  confinement,  both  were  perfectly  restored.'' 


108  HISTORV  OF   KENXrcKT. 

To  punish  these  attacks,  an  expedition  was  appointed  against 
Old  Chilicothe,  on  the  Little  Miami;  to  be  commanded  by  Colo- 
nel John  Bowman.  Th-e  rendezvous  was  fixed  at  Harrods- 
burgh  for  the  people  of  the  interior.  Benjamin  Logan,  Joi.n 
Holder,  James  Harrod,  and  John  Bulger,  were  Captains. 
George  M.  Bedinger  acted  as  adjutant,  and  some  of  the  best 
men  in  the  country  engaged  as  private  soldiers,  to  the  number 
of  three  hundred.  This  was  the  first  offensive  expedition  from 
Kentucky,  since  the  spirited  incursion  of  Boone,  previous  to  the 
last  siege  of  Boonesborough,  during  the  preceding  year. 

Great  expectations  were  entertained  of  this  exijedition  in 
Virginia.*  Some  of  its  officers  were  among  the  most  success- 
ful and  efficient  in  Kentucky :  such  as  Logan  and  Harrod.  The 
party  marched  in  the  month  of  July,  with  their  provisions  on 
their  backs;  they  were  well  acquainted  with  the  ground  where 
it  was  intended  to  strike-the  blow;  and  the  movements  were  so 
well  conducted,  as  to  escape  all  discovery.  The  Indians  had 
never  yet  experienced  a  formidable  invasion  from  Kentucky, 
and  seem  to  have  entertained  no  apprehension  of  a  retaliation 
for  their  annual  invasions  of  this  most  vexed  and  harrassed 
land.  Colonel  Bowman's  party  arrived  within  a  short  distance 
of  the  town,  near  night,  and  halted.  It  was  then  determined 
to  make  the  attack,  by  day-break;  for  this  purpose.  Captain  Lo- 
gan was  detached  to  encircle  the  town  on  one  side,  while  Bow- 
man was  to  surround  it  on  the  other,  and  to  give  the  signal  of 
assault.  Logan  immediately  executed  his  part  of  the  plan,  and 
waited  for  his  superior  officers.  Day  began  to  break,  and  still 
there  was  no  appearance  of  the  detachment  in  front;  Logan,  in 
the  mean  time,  ordered  his  men  to  conceal  themselves  in  the 
grass  and  the  weeds.  The  men  in  shifting  about  for  hiding 
places,  alarmed  one  of  the  enemy's  dogs,  whose  barking  soon 
brought  out  an  Indian  to  discover  the  cause  of  the  alarm.  At 
this  moment,  one  of  Logan's  men  discharged  his  gun;  the  In- 
dian, aware  that  it  proceeded  from  an  enemy,  gave  an  instan- 
taneous and  loud  whoop,  and  ran  immediately  to  his  cabin. 
The  alarm  was  now  spread,  but  still  the  time  was  not  too  late 

*Jefrergon'«  Correspondence,  I,  163. 


HISTORY   OF  KENTUCKY.  109 

for  an  energetic  attack;  Logan  could  see  the  women  and  chil- 
dren escaping  to  the  woods  by  a  ridge  between  his  party  and 
the  other  detachment.      The   Indian  warriors  repaired  to  a 
strong  cabin,  with  port  holes  in  it,  while  Logan's  men  took  pos- 
session of  the  cabins  left  by  the  Indians,  and  suddenly  adopted 
the  plan  of  forming  a  moveable  breastwork  out  of  the  doors  and 
puncheons  or  coarse  plank  of  the  floors,  and  pushing  them  for- 
ward, as  a  battery  against  the  Indian  post.     While  these  active 
measures  were  taking,  Colonel  Bowman  learning  from  a  negro 
prisoner,  that  Girty  and  a  hundred  Mingos  were  at  the  Pick- 
away Town,  and  had  been  sent  for,  ordered  a  retreat.     A 
circumstance  which  aggravated  the  distress  of  this  order  was, 
that  the  moment  our  men  uncovered  themselves,  they  were  ex- 
posed to  a  destructive  fire  from  the  enemy  in  the  council  house, 
while  they  marched  through  a  prairie,  which  surrounded  the  town. 
A  retreat  was  however  most  reluctantly  begun;  and  instead  of 
preserving  any  order,  the  utmost  confusion  took  place;  after  the 
loss  of  several  lives,  the  party  was  re-united,  and  the  retreat 
was  resumed  in  better  condition;  with  the  painful  reflection, 
however,  that  the  expedition  had  not  effected  as  much,  as  it  was 
at  first  entitled  to  expect.     They  only  burned  the  town  and  cap- 
tured one  hundred  and  sixty-three  horses,  and  some  other  spoil, 
with  a  loss  of  six  or  seven  men,  in  spite  of  the  fairest  promises.* 
The  Indian  chief  Blackfish,  the  one  who  had  headed  an  expedi- 
tion against  Harrodsburgh,  and  had  taken  Boone  prisoner  at 
the  Blue  Licks,  at  the  head  of  about  thirty  warriors,  pursued 
our  party,  and  was  killed;  Red  Hawk,  a  new  chief,  continued 
the  battle.     Bowman,  though  a  gallant  and  experienced  officer, 
made  no  detachments  to  repulse  the  savages,  and  our  men  were 
standing,  as  objects  to  be  shot  down.  In  this  condition  of  things, 
Captains  Logan,  Harrod,  Bulger,  and  a  few  others,  mounted 
the  pack-horses,  and  scoured  the  woods  in  every  direction,  rush- 
ing on  the  Indians  whenever  they  could  find  them.     These 
offensive  steps  continued  until  Red  Hawk  was  also  killed,  when 
the  rest  of  the  Indian  party  fled;  and  our  men  returned  home, 
with  a  loss  of  eight  or  nine  killed  in  the  two  actions;  the  loss 

*  Captain  Patton.  )atc  of  LouUrille. 

K 


110  HISTORY   OP  KENTFCKr. 

of  the  enemy  was  not  accurately  known ;  but  no  doubt  it  was 
considerable  from  the  intermitted  pursuit.* 

The  expeditions  into  the  Indian  country,  which  had  recently 
been  prosecuted  by  Colonels  Clark  and  Bowman,  seem  at 
length,  to  have  roused  the  exertion  of  British  power,  in  order  to 
counteract  the   influence  of  the  former,  especially  upon  their 
Indian  allies.     With  this  view,  a  formidable  expedition  was 
prepared,  consisting  of  six  hundred  Indians  and  Canadians, 
commanded  by  Colonel  Byrd,  an  officer  in  the  British  service. 
Two,  or  as  Boone  asserts,  six  field  pieces,  which  accompanied 
this  party,  brought  down  the  Big  Miami,  and  then  up  Lick- 
ing, rendered  the  party  resistless  to  the  stockades  of  Ken- 
tucky, utterly  destitute  as  they  were  of  artillery.     The  march 
was  totally  undiscovered  by  our  people,  until  on  the  22d  of 
June,  1780,  the  enemy  appeared  before  Ruddle's  station.  This 
is  the  more  extraordinary,  since  the  British  party  was  "  twelve 
days  marching  from  the  Ohio  river,  to  Ruddle's  station;  and 
had  cleared  a  wagon  road  a  great  part  of  the  way."t     Colonel 
Floyd  writes  to  Colonel  William  Preston,  of  Virginia,  early  as 
May  of  this  year,  that  a  similar  expedition  with  artillery  was 
expected,  and  to  be  directed  against  the  fort  at  this  city.  These 
facts  evince  a  most  extraordinary  state  of  confidence,  or  weak- 
ness. 

The  above  station  had  been  settled  the  previous  year,  on  the 
easterly  bank  of  the  south  fork  of  Licking  River;  three  miles 
below  the  junction  of  Ilinkston  and  Stoner's  branches  of  the 
same  stream.  This,  the  author  believes  is  the  first  employment 
of  artillery  against  the  forts  of  Kentucky;  and  must  have  ap^ 
pearcd  little  less  formidable  to  our  riflemen,  than  it  did  to  heU 
ligercnts,  at  the  first  invention  of  these  terril)le  arms.  The 
cannon  were  moved  up  Licking  by  water,  as  far  as  the  junction 
of  the  south  fork  of  that  river;  whence  the  expedition  proceeded 

tC.f.n.  Eay  Diinks  dilTiTCTitly  from  the  riirront  acrount,  and  hollevcg the  attack  failed 
Iroiii  tli<;  vigorous  diffttiirc  liy  Uie  Indians,  vvhiiti  prcveiilod  Bowiriaii  fiettinj;  near  enough 
10  give  Lo-.'an  iIk?  siunal  agrocil  upon.  Gen.  Kay  gives  full  credit  to  Uowuiau  on  this  re- 
t  roat,  ai  well  as  on  other  occasions. 

I  It  is  wiid  that  tlii-)  nTpedilion  had  been  intciidfil.  In  ro  nporatc  witli  Governor  namit- 
ton's  jiro^ortcd  niarrh  from  Kaska.'kia,  so  hajjjjily  superseded  by  the  jjenius  of  Gvorge 
Rogers  Clark. —  General  li'iUiam  Clark. 


HISTORY    OF    KENTUCKY.  11 1 

by  land  against  the  fort,  owing  to  the  lowness  of  the  water. 
A  summons  to  surrender  at  discretion  to  His  Britannic  Ma- 
jesty's arms,  was  immediately  made  by  the  enemy,  and  dread- 
ful as  the  necessity  was,  there  was  no  alternative  but  to  com- 
ply; resistance  was  hopeless.  The  fort  gates  were  accordingly 
opened;  and  the  Indians  rushed  in,  to  secure  the  prisoners,  and 
plunder  the  property.     The  same  scene  was  acted  at  Martin's 
station,  higher  up  the  South  Fork,  with  the  same  result.     The 
prisoners  and  plunder  were  hastily  collected  together,  and  the 
retreat  commenced  with  strange  precipitation:  many  of  the 
prisoners  could  not  support  this  rapidity;  among  whom  were 
necessarily  most  of  the  women  and  children.     These,  loaded 
with  plunder  as  usual  with  the  Indians,  were  quickly  released 
from  their  miseries,  by  the  tomahawk  of  their  savage  foes. 
Those  who  survived,   were  dispersed  among  the  Indians,  or 
carried  to  Detroit;  whence  they  generally  returned  after  seve- 
ral years  detention.     Yet  deplorable  as  this  invasion  was  to  its 
immediate  victims,  it  is  a  subject  of  astonishment,  united  with 
sratitude  to  Heaven,  that  its  furies  should  have  been  arrested 
at  these  two  points ;  instead  of  being  directed  against  the  sta- 
tions of  the  country  generally.     These  were  utterly  incompe- 
tent to  defend  themselves  against  it.     It  is  most  unaccountable, 
that  the  very  first  and  last  expedition  into  Kentucky  with  artil- 
lery, should  have  returned  with  such  utterly  inadequate  effect. 
How   proud  the  contrast  in  favor  of  our  indefatigable  and  en- 
terprising Clark!     How  humiliating  and  disgraceful  toByrd! 
The  former  officer  invaded   the  enemy's   country   with  rifle 
troops,  captured  his  towns,  took  his  strongest  forts  armed  with 
cannon,  and  kept  possession  of  the  country ;  while  the  latter, 
with  only  small  arms  to  oppose  his  artillery,  confined  himself  to 
capturing  two  paltry  stockades;  and  hurried  out  of  the  country 
so  fast  as  to  compel  the  murder  of  several  of  his  most  helpless 
prisoners,  by  his  barbarous  allies.     Such  is  the  contrast  ever 
existing  between  genius  and  a  capacity  for  ordinary  routine. 
Colonel  Byrd,*  it  is  said,  had  previously  limited  himself  to  th« 

*  There  isanolher  explanation  more  honora'ile  to  Colonel  Byrtl;  it  is,  tliat  sliockcil  by 
the  irrepressible  barbarities  of  the  Indians,  lie  determiiieil  to  arrest  his  cipeilition,  ami 
return  to  Detroit. 


112  HISTORY    OF   KBNTUCKT. 

Licking  forts,*  and  would  not  extend  his  plan.  At  the  period 
of  this  invasion,  there  Avere  not  three  hundred  fighting  men 
north  of  the  Kentucky  river;  and  if  the  expedition  could  have 
been  kept  together  for  a  week  or  two,  Mr.  Humphrey  Marshall 
thinks,  it  might  have  depopulated  the  country.  On  such  trifling 
circumstances,  appears  to  depend  the  fate  of  communities;  no 
doubt,  however,  overruled  by  the  general  laws  of  God's  Provi- 
dence, and  the  government  of  the  Universe.  True  it  is,  that 
the  Indians  once  successful  to  any  degree,  are,  owing  to  their 
profound  caution,  beat  against  trying  their  fortune  any  farther.. 
Thus  the  unexpected  advantage,  which  they  gained  in  the  cap- 
ture of  Boone  and  his  men  at  the  Lower  Blue  Licks,  in  1778; 
most  fortunately  postponed  the  attack  upon  Boonesborough,  the 
original  object  of  the  expedition,  from  February  to  August. 

To  retaliate  the  mischiets  indicted  by  the  enemy,  an  expedi- 
tion against  Pickaway,  the  principal  town  of  the  Shawanees, 
situated  on  a  branch  of  the  Great  Miami,,  was  determined  upon 
by  General  Clark. 

The  year  1780  is  remarkable  for  the  establishment  of  Fort 
Jefferson  on  the  Mississippi,  five  miles  below  the  junction  of 
the  Ohio  with  the  father  of  the  western  waters.  Colonel  Clark 
effected  this  measure,  notwithstanding  the  strong  dissatisfaction 
of  the  settlers  of  Kentucky,  as  a  wanton  division  and  dispersion 
of  their  little  force^in  conformity,  however,  with  instructions 
from  Governor  Jefferson  ;t  in  order  to  fortify  the  claim  of  the 
United  States  to  the  western  boundary  of  the  Mississippi,  south 
of  the  Ohio.t  It  is  now  well  known,  that  neither  the  court  of 
France,  nor  that  of  Spain,  was  friendly  to  the  extension  of  the 
American  boundary  to  the  Mississippi. 

Every  artifice  of  diplomacy  was  resorted  to  on  both  sides 
of  the  Atlantic,  to  prevent  this  aggrandizement  of  the  United 
States.  The  J'rcnch  minister  at  Philadelphia,  had  not  only 
disgracefully  prevailed  on  Congress,  to  instruct  its  ministers 
in  France,  to  "govern  themselves  by  the  advice  and  opin- 

• 

•  Marshall  1, 100. 

t  Governor  Jefferson's  letters  June  28, 1778,  and  January  and  April,  179tt. 

I  Pitkin's  United  Sutcs,  II,  95. 


HISTORY    OF    KENTUCKY.  113 

ton'^  of  the  French  government;  to  increase  the  number  of 
plenipotentiaries,  in  order  to  overrule  the  elder  Adams;  but 
finally  obtained,  and  at  the  instance  of  Virginia  too,  an  instruc- 
tion to  Mr.  Jay,  not  to  insist  on  the  free  navigation  of  the  Mis- 
sissippi, below  latitude  thirty-one  degrees  north.  Spain,  indeed, 
and  not  feebly  supported  by  France,  endeavored  to  limit  these 
states  east  of  the  Alleghany  mountains,  and  to  divide  the  coun- 
try by  the  Ohio,  between  Spain  and  Great  Bri'ain.     This  ap- 
proach to  converting  Kentucky  into  a  Spanish  province,  will 
merit  a  further  notice  in  another  part  of  this  work;  let  it  re- 
mind us  of  the  services  of  that  able  patriot  John  Jay,  who  so 
firmly  resisted  it,  under  clouds  of  embarrassment,  at  the  courts 
of  Madrid,  and  of  Paris.*     A  most  elaborate  statement  of  the 
American  claims,  was  drawn  by  a  committee  of  Congress  on 
the  17th  of  October,  1780.  In  this  paper,  reference  is  specially 
made,  among  other  weighty  considerations,  to  the  fact,  that  the 
United  States  had  t"  obtained  possession  of  all  the  important 
posts  and  settlements  on  the  Illinois  and  the  Wabash,  rescued  the 
inhabitants  from  British  dominion,  and  established  civil  gcvern- 
ment  in  its  proper  form  over  them.     They  have,  moreover,  es- 
tablished a  post  on  a  strong  and  com.manding  situation  near  the 
mouth  of  the  Ohio.''''     It  was  in  the  spring  of  this  year,  that  this 
fort  was  established ;  and  it  has  been  seen  that  the  representa- 
tion by  Congress,  which  is  attributed  by  Mr.  Pitkin  to  iMr. 
Madison,  was  drawn  up  in  the  ensuing  October.     The  express 
instructions  of  Governor  Jefferson  on  the  28th  June,  177S,  now 
conclusively  place  the  politic  measure  of  establishing  this  fort 
on  the  Mississippi,  and  below  the  Ohio,  to  the  comprehensive 
mind  of  this  statesman. 

The  increase  of  counties  which  has  been  already  mentioned, 
necessarily  gave  rise  to  a  proportionate  expansion  of  our  mili- 
tary and  civil  organization;  for  each  count}',  according  to  the 
laws  of  V'^irginia,  required  a  similar  municipal  system.  For 
these  purposes,  John  Floyd  was  appointed  first  county  Lieuten- 
ant Colonel,  and  William  Pope,  the  father  of  the  present  Wil- 
liam Pope,  Sen.  of  Jefferson,  Lieutenant  Colonel,  Benjamin  Lo- 

♦  Jay's  Life,  1,  237.  t  Pitkin's  United  States,  II,  313. 

K* 


114  HISTORY   OP   KENTUCKY. 

gan,  Colonel,  and  Stephen  Trigg,  Lieutenant  Colonel,  of  ■Lin- 
coln; John  Todd,  Colonel,  and  Daniel  Boone,  Lieutenent  Colo- 
nel, of  Fayette  county.  These  regiments  were  formed  into 
a  brigade,  which  was  placed  under  the  command  of  General 
George  Rogers  Clark.  A  commission  of  "  Brigadier  General  of 
the  forces  to  be  embodied  on  an  expedition  westward  of  the 
Ohio,"  is  preserved  among  his  papers.  It  is  dated  January  22d, 
1781,  antl  signed  by  Thomas  Jefferson. 

Each  county  had  likewise  a  court  of  qualified  civil  and  cri- 
minal jurisdiction ;   yet  there  was  no  court  competent  to  try 
capital  cases,  nearer  than  Richmond,  the  seat  of  government 
for  Virginia.     The  county  courts,  however,  held  quarterly  ses- 
sions, at  which  they  could  try  and  punish  misdemeanors,  by  fine 
and  imprisonment;  adjudicate  matters  at  common  law  and  chan- 
cery of  a  civil  nature  over  four  dollars  and  one-sixth ;  or  twenty 
five  shillings.     The  rest  of  the  judicial  business  was  transacted 
at  the  monthly  sessions,  or  by  the  magistrates  individually ;  these 
were  conservators   of  the  peace  and  superintended  the  local 
concerns  of  each  county.     Fortunately,  owing  to  the  simplicity 
of  manners,  and  the  equal  and  rude  state  of  property,  there 
were  few  temptations  to  violence,  requiring  the  interposition  of 
criminal  law.     The  first  surveyors  in  the  new  counties,  were 
George  May,  in  Jefferson,  Colonel  Thomas  Marshall,  in  Fay- 
ette, and  James  Thompson,  in  Lincoln  county.     The  services 
of  the  two  latter,  wore  loudly  and  for  some  time  vainly  called 
for. 

The  new  system  of  defending  tlie  country  by  General  Clark, 
may  deserve  a  few  words.  Spies  and  scouting  parties  were 
scattered  over  the  frontier,  who  reported  to  the  General  posted 
at  Fort  Nelson,  in  Louisville;  to  these  was  added  a  row  galley, 
constructed  for  plying  up  and  down  the  river.*  This  was  built 
at  liouisvillc,  the  wreck  of  which  is  said  to  have  produced  the 
formation  of  the  point  of  Beargrass  Creek,  above  the  present 
city.  This  served  as  a  floating  fortification;  but  was  confined 
in  its  scouting  expeditions  between  the  mouth  of  Beargrass  and 
Licking  River.     Limited  as  this  sphere  of  duty  was,  it  is  said- 

*  Maraball  1, 119. 


aiSTORY   OP  JtENTUcKY.  11& 

to  tavc   had   a  good  effect  in  preventing   Indian  expeditions 
across  its  line  of  operations ;  and  to  have  once  stopped  a  formi- 
dable invasion  near  its  upper  station.     The  aversion  however 
of  the  militia  to  acting  on  this  element,  and  the  reduction  of  the 
reiyular  force,  compelled  the  General  to  lay  aside  the  galley  be- 
fore the  end  of  the  year.     The  plan  itself  so  novel  on  the  wes- 
tern w^aters,  however,  shews  the  military  readiness  of  its  author, 
who  was  never  at  a  loss  for  expedients  suited  to  his  situation. 
In  September,  1781,  a  station  settled  by  'Squire  Boone,  (a 
brother  of  the  great  hunter,  and  unequalled  woodsman,)  near 
where  Shelbyville  is  now  built,  became  alarmed  at  the  appear- 
ance of  Indians  in  its  neighborhood;  and  determined  to  remove 
to  the  stronger  settlements  on  Beargrass.     While  effecting  this 
purpose,  the  party  encumbered  with  women,  children  and  house- 
hold goods,  was  attacked  by  a  large  body  of  the  enemy  near 
Long  Run,  defeated  and  dispersed  with  considerable  loss.     Col. 
John  Floyd  learning  this   disaster,   repaired  with  honorable 
promptitude,  with  twenty-five  men,  to  relieve  the  white  party, 
and  chastise  the  Indians.     He  advanced  with  commendable 
caution,  dividing  his  men  into  two  parties;  and  yet,  in  spite  of 
his  prudence,  he  fell  into  an  ambuscade  of  two  hundred  Indians. 
He  was  defeated  with  the  loss  of  half  of  his  men,  and  nine  or 
ten  of  the   Indians  were   killed.     While  Colonel  Floyd   waa 
retreating  on  foot,  nearly  exhausted  and  closely  pursued  by 
tlie  Indians;    Captain  Samuel  Wells,  who  retained  his  horse, 
dismounted  and  gave  it  to  Floyd,  and  ran  by  his  side  to  sup- 
port him.      The  magnanimity  of  the  action  is  enhanced  by 
the  previous  hostility  between  these  officsrs,  which  was,  how- 
ever cancelled  forever* — "they  lived  and  died  friends." 

After  this  officer  had  effected  the  establishment  of  Fort  Jef- 
ferson, on  the  Mississippi,  to  be  noticed  hereafter,  he  proceeded 
with  two  men,  Josiah  Harland  and  Harmar  ConoUy,  on  foot,  to 
Harrodsburgh.  The  perils  of  such  a  march,  can  scarcely  be 
appreciated  at  this  day.  They  had  painted  themselves  like  In- 
dians, and  had  advanced  without  interruption,  as  far  as  the 
Tennessee  River.    This  ihey  found  foaming  with  high  water, 

♦Colonel  Floyd's  Idler*. 


116  HISTORY   OP   KENTUCKY. 

and  Indians  v/ere  hunting  on  both  sides  of  the  river.  Our  chief 
and  his  companions,  quickly  fastened  a  raft  together,  with  grape 
vines,  to  support  their  rifles  and  clothes,  and  dashed  into  the  ri- 
ver, in  its  state  of  flood.  They  had  got  some  distance,  before 
they  were  perceived  by  the  Indians,  owing  to  the  high  banks; 
when  the  enemy  discovered  them,  they  quickly  exchanged 
whoops  of  intelligence.  But  our  party  availing  themselves  of 
a  deep  creek,  which  put  in  on  the  opposite  side  of  the  river, 
placed  it  between  them  and  their  pursuers,  by  landing  below 
its  mouth,  while  the  Indians  had  to  ascend  the  stream  for  a 
passage;  the  former  having  landed,  dashed  on  their  destina- 
tion. By  this  manoeuvre,  they  escaped.  Yet  to  their  own 
countrymen  their  disguise  was  so  complete,  that  in  approaching 
a  fort  on  Red  River,  they  were  mistaken  for  Indians ;  and  it  was 
only  the  name  of  Clark  loudly  hallooed  out,  and  the  knowledge 
of  his  exploits,  that  removed  the  impression. 

On  this  route,  our  party  met  with  a  large  body  of  emigrants, 
forty  in  number,  actually  starving  from  inexperience  of  the  hun- 
ters among  them,  in  killing  Buffalo.     The  high  hump  of  this 
animal  on  its  shoulder,  requires  an  allowance  by  a  practised 
eye,  to  hit  the  heart;  this  source  of  error  was  unknown  to 
tlie  new  comers,  and  all  their  balls  missed  killing  their  ob- 
jects.    Clark  and  his  companions  soon  set  them   right  with 
the  first  herd  of  Buffalo  they  met,  after  tlieir  rencounter,  by 
killing  fourteen  head  before  they  stopped.     It  seems,  that  skil- 
ful hunters  can  arrange  themselves  so  as  to  run  parallel  with  a 
herd  of  Buffalo,  killing  and  loading  as  far  as  they  can  run. 
This  conduct  of  our  hunters  struck  the  group  of  strangers  with 
such  a-slonishment,  when  they  contrasted   the  success  of  the 
three  new  hunters,  with  the  failure   of  their  own  men,  them- 
selves expert  woodsmen,  with  all  other  game;  that  they  were 
ready  to  look  upon  Clark  and  his  two  coadjutors,  as  something 
more  than  mortals  in  disguise.    A  party  thus  strangely  rescued 
from  starvation,  in  the  midst  of  wild  game,  might  well  be  dis- 
ordered in  ihcir  judgments  at  first. 

On  arriving  at  Ilarrodsburgh,  Clark  found  a  concourse  of 
people  from  every  direction,  waiting  to  enter  lands  in  the  Sur- 


niSTORY   OF   KENTUCKY.  117 

veyor's  office.  This  was  the  engrossing  subject  of  all  men's 
thoughts;  as  eagerly  and  with  as  much  avidity,  amidst  these 
hostile  forests,  as  in  any  stock  market  of  a  commercial  city.  To 
propose  a  military  expedition  demanded  by  the  interests  of  the 
country,  to  men  under  such  keen  and  potent  excitement,  would 
have  been  worse  than  useless.  Should  the  more  generous  and 
gallant  engage  in  it,  they  would  leave  the  selfish  and  the  grasp- 
ing speculator  behind,  to  despoil  them  of  the  richest  fruits  of  the 
countr)',  which  they  were  defending.  In  this  predicament, 
Clark  proposed  to  Mr.  J.  May,  the  Surveyor  of  Kentucky 
county,  to  shut  up  his  office,  and  then  all  would  turn  their  at- 
tention to  the  detence  of  the  country.  This  Mr.  May  declared 
he  had  no  authority  to  do;  but  if  General  Clark  would  issue 
such  an  order,  he  would  be  the  first  man  to  obey  it.  The  Gen- 
eral accordingly  caused  a  written  order  to  be  placed  on  the  door 
of  the  Surveyor's  office,  notifying  all  persons,  that  the  office 
was  shut  by  an  order  from  Brigadier  General  Clark,  until  after 
*an  expedition  could  be  carried  on  against  the  enemy.  This 
measure,  and  the  high  military  popularity  possessed  by  General 
Clark,  commanded  any  number  of  volunteers,  in  addition  to 
his  own  state  regiment,  which  was  garrisoning  Fort  Nelson  at 
tlie  Falls  of  Ohio.  The  expedition  commanded  by  Clark,  con- 
sisted of  two  regiments,  one  under  the  command  of  Colonel  B. 
Logan,  and  the  other  under  that  of  Colonel  William  Linn.  The 
point  of  rendezvous  for  both,  was  the  mouth  of  Licking  river, 
where  they  assembled  with  artillery  conveyed  up  the  river  from 
the  Falls.  The  force  when  all  assembled,  amounted  to  nearly 
a  thousand  men.t 

The  secrecy  and  despatch,  which  had  ever  attended  the 
movements  of  this  efficient  commander,  continued  to  mark  his 
progress  on  this  occasion;  tl;e  ladian  town  was  approached 
without  any  discovery,  and  as  soon  assailed,  when  a  sharp 
conffict  ensued,  in  which  seventeen  of  the  enemy  were  slain, 
with  an  equal  loss  upon  our  part.     The  rest  fled,  the  town  was 

*When  Colonel  Clark  arrived  at  the  Falls,  ho  received  a  letter  from  Governor  JefTer- 
«on  advising  such  an  expedition,  written  t9th  of  April,,  but  not  received  till  11th  of  July, 
following. 

t  Captain  Pattoneaya  nine  hundred  and  ninety-eight. 


118  HISTORY  OP   KENTUCKY, 

then  reduced  to  ashes,  the  gardens  and  fields  laid  waste ;  such 
are  the  melancholy  means  of  carrying  on  war  with  barbarian 
tribes,  who  without  the  intervention  of  a  large  civil  body  of 
society,  not  partakers  in  the  war,  can  only  be  made  to  feel  its 
horrors  by  bringing  home  to  themselves  the  dreadful  sufferings 
which  they  inflict. 

From  Pickaway,  Colonel  Benjamin  Logan  was  detached 
against  another  Indian  town,  about  twenty  miles  distant-  This 
was,  however,  found  deserted,  and  it  was  destroyed  by  our 
troops,  as  well  as  a  store  (British,  it  is  presumed,)  from  which 
the  Indians  had  been  supplied  with  arms  and  ammunition. 
This  latter  object,  indeed,  formed  the  principal  aim  of  the 
party.  Owing  to  these  offensive  measures,  Kentucky  enjoyed 
some  breathing  time,  while  the  Indians  were  engaged  in  re- 
building their  habitations,  and  obtaining  provisions  by  hunting, 
to  supply  the  loss  of  their  crops. 


CHAPTER  VIII.  • 


Kentucky  rounty  di^rided  Into  fJncoln,  Fayette,  and  Jefferson— Erection  of  Fort  JefTer- 
»on  on  the  Mississippi — Spanisli  and  French  intrigues  at  Paris  aqainst  the  Western 
boundary  of  the  United  States— McKoe  and  Girty — ^^Attack  on  Rryant's  Station — Battle 
of  the  Blue  Licks— Expedition  of  General  Clark  to  the  Chilicothes  in  1782 — Early  man- 
uers  and  state  of  the  arts  in  Kentucky. 

By  the  first  of  November  of  this  year,  the  population  of  the 
State,  had  advanced  with  such  rapid  strides,  that  the  Legisla- 
ture of  Virginia  sub-divided  the  county  of  Kentucky,  into  three 
parts;  assigning  different  names  to  each.  They  were  called 
Jefferson,  Fayette,  and  Lincoln.  The  former  embraced  that  part 
of  the  old  county,  which  lay  south  of  the  river  Kentucky,  north 
of  Green  river,  and  west  of  Big  Benson  and  Hammond's  creek; 
tJie  second  beginning  at  the  mouth  of  the  Kentucky  river,  ex- 
tended up  its  middle  fork  to  the  head,  and  embraced  the  north- 
ern and  eastern  portion  of  the  present  state  on  that  side  of  the 
Kentucky;  the  residue  of  the  primitive  county,  was  called 
Lincoln. 


HISTORY   OF   EEXTUCKV.  119 

The  establishment,  however,  of  this  fort  provoked  an  attack 
upon  it  by  the  Chickasaws  and  Choctaw s,  on  whose  lands  it 
was  built,  without  their  consent.     A  purchase  had,  however, 
been  positively  instructed  to  be  made  of  the  Indians  by   the 
Governor  of  Virginia;  though  the  circumstances  which   pre- 
vented it  are  now  unknown.     In  resentment  it  is  supposed,  of 
this  threatening  intrusion,  Colbert,  a  Scotch  gentleman  who 
had  ingratiated  himself  with  these  Indians,  and  the  ancestor  of 
the  present  chiefs  of  that  name,  appeared  with  all  his  warriors 
before  Fort  Jefferson,  in  the  summer  of  1781.     The  attack,  it 
is  said  hy  one,  who  was  a  boy  in  the  fort  at  the  time,  lasted 
five  days.     The  Indians  principally  encamped  on  the  island 
opposite  to  the  fort,  now  known  as  island  No.   1,  just  above 
Mayfield's  creek.  The  garrison  not  exceeding  thirty  men  under 
Captain  George,  (two-thirds  of  whom  were  sick  with  the  ague 
and  fever)  were  reduced  to  the  lowest  extremity.     Pumpkins 
with  the  blossom  yet  on  them,  afforded  their  principal  food. 
On  the  sixth  day  Colbert  and  George  met  under  a  flag  of  truce 
to  agree  upon  terras  of  capitulation;  but  they  were  unable  to 
effect  it     As  Colbert  was  retiring  _  he  received  a  wound  from 
*some  of  the  Indians,  who  were  with  our  men  in  the  block- 
houses, and  fell.     This  treachery  according  to  our  own  usages, 
enraged  the  Indians  to  the  utmost  pitch  of  exasperation:  at 
night  they  collected  all  their  forces,  and  made  a  furious  assault 
upon  the  fort,  endeavoring  to  take  it  by  storm.     When  the  In- 
dians had  advanced  in  very  close  order,  Captain  George  Owen, 
who  commanded  one  of  the  block-houses,  had  the  swivels  load- 
ed with  rifle  and  musket  balls,  and  fired  them  in  the  crowd. 
The  consequent  carnage  was  excessive,  and  dispersed  the  ene- 
my.    At  the  same  time  General  Clark,  who  was  stationed  at 
Kaskaskia,  and  had  been  sent  for,  arrived  with  provisions  and 
a  reinforcement,  which  effectually  raised  the  siege  to  the  great 
relief  of  the  garrison^ 

This  fort  was  some  time  afterwards  abandoned,  from  the  dif- 
ficulty of  supplying  such  remote  and  detached  posts.  It  is  wor- 
thy of  remark,  that  the  State  of  Kentucky,  goaded  to  madness 

♦  Captain  Patton'i  paptri , 


120  HISTORY  OP   KENTUCKY. 

as  she  has  been  by  Indian  outrages,-  submitted  to  the  occupa- 
tion of  the  southwestern  section  of  her  territory  by  the  Chicka- 
saws,  until  their  title  was  peaceably  extinguished  by  the  treaty 
of  1818,  with  that  tribe.  The  fact  offers  an  exemplary  regard 
for  aboriginal  claims,  which  may  well  dictate  a  lesson  of  for- 
bearance with  the  tribes  of  the  forest,  to  all  the  members  of  the 
confederacy. 

The  opening  of  1782  was  marked  by  several  successful  en- 
terprises on  the  part  of  the  enemy,  with  more  than  usual  fatality 
to  the  whites.     They   were  the  precursors  to  misfortunes  of 
deeper  dye,  and  more  extensive  calamity,  than  had  yet  befallen 
our  harassed  countrymen.     Among  other  calamities   of  tho 
times  Laughery''s  defeat  should  not  be  omitted.     This  officer 
was  coming  down  the  Ohio  river,  to  join  the  Kentuckians  with 
one  hundred  and  seven  men;  he  was  attacked  below  the  Great 
Miami,  at  a  creek,  which  still  retains  the  name  of  the  unfortu- 
nate commander,  and  the  whole  party  was  killed  or  captured. 
*"  In  the  month  of  May,  a  party  of  about  twenty-five  Wyan- 
dots,  invested  Estill's  station,  on  the  south  of  the  Kentucky 
river,  killed  one  white  man,  took  a  negro  prisoner;  and  after 
destroying  the  cattle,  retreated.     Soon  after  the  Indians  disap- 
peared. Captain  Estill  raised  a  company  of  twenty-five  men — 
with  these  he  pursued  the  Indians ;  and  on  Hinkston's  fork  of 
Licking,  two  miles  below  the  Little  Mountain,  came  within 
gunshot  of  them.     They  had  just  crossed  the  creek,  which  in 
that  part  is  small;  and  were  ascending  one  side,  as  Estill's 
party  descended  the  other,  of  two  approaching  hills,  of  mode- 
rate elevation.     7'he  water  course  which  lay  between,  had 
produced  an  opening  in  the  timber,  and  brush,  conducing  to 
mutual  discovery;  while  both  hills,  were  well  set  with  trees, 
interspersed  with  saplings,  and  bushes.    Instantly  after  discov- 
ering the  Indians,  some  of  Captain  Estill's  men,  fired  at  thera; 
at  first  they  seemed  alarmed — and  made  a  movement,  like 
flight:  but  their  chief,  although  wounded,  gave  them  orders  to 
stand,  and  fight — on  which,  they  promptly  prepared  for  battle, 
by  each  man  taking  a  tree,  and  facing  his  enemy,  as  nearly  in 

*  Marttmll  1, 126. 


HISTORY   OP   KENTUCKY.  121 

a  line  as  practicable.  In  this  position  they  returned  the  fire, 
and  entered  into  the  battle,  which  they  considered  as  inevitable; 
with  all  the  fortitude,  and  animation  of  individual,  and  concert- 
ed bravery;  so  remarkable  in  this  particular  tribe. 

"In  the  meantime,  Captain  Estill,  with  due  attention  to  what 
was  passing  on  the  opposite  side,  checked  the  progress  of  his 
men  at  about  sixty  yards  distance  from  the  foe,  and  gave  orders, 
to  extend  their  line  in  front  of  the  Indians,  to  cover  themselves 
by  means  of  the  trees — and  to  fire,  as  the  object  should  be  seen 
— with  a  sure  aim.  This  order,  perfectly  adapted  to  the  occa- 
sion, was  executed  with  alacrity,  as  far  as  circumstances  would 
admit,  and  the  desultory  mode  of  Indian  fighting  was  thought 
to  require.  So  that  both  sides  were  preparing,  and  ready,  at 
the  same  time,  for  the  bloody  conflict  which  ensued:  and  which 
proved  to  be  singularly  obstinate. 

"  The  numbers  were  equal;  some  have  said,  exactly  twenty- 
five  on  each  side — others  have  mentioned,  that  Captain  Estill, 
upon  seeing  the  Indians  form  for  battle,  despatched  one  or  two 
of  his  men,  upon  the  back  trail,  to  hasten  forward  a  small  rein- 
forcement, which  he  expected  was  following  hirn :  and  if  so,  it 
gave  the  Indians,  the  superiority  of  numbers,  without  producin"- 
the  desired  assistance — for  the  reinforcement  never  arrived. 

"Now  were  the  hostile  lines  within  rifle  shot — and  the  action 
become  warm  and  general  to  their  extent.  Never  was  battle 
more  like  single  combat,  since  the  use  of  fire-arms;  each  man 

sought  his   man — and  fired   only   Avhen  he  saw  his  mark 

wounds  and  death,  were  inflicted  on  either  side — neither  ad- 
vancing nor  retreating.  The  firing  was  deliberate — with  cau- 
tion they  looked,  but  look  they  would  for  the  foe;  although  life 

itself,  was  often  the  forfeit.  And  thus,  both  sides  firmly  stood 

or  bravely  fell — for  more  than  one  hour:  upwards  of  one-fourth 
of  the  combatants  had  fallen,  never  more  to  rise — on  either  side 
— and  several  others  were  wounded.  Never,  probably,  was  the 
native  bravery  or  collected  fortitude  of  men,  put  to  a  test  more 
severe.  In  the  clangor  of  an  ardent  battle,  when  death  is  for- 
gotten— it  is  nothing  for  the  brave  to  die — when  even  cowards 
die  like  brave  men — but  in  the  cool  and  lingering  expectation 

L 


122  HISTORY   OF   EENTUCKT, 

of  death,  none  but  the  man  of  true  courage  can  stand.  Such; 
were  those  engaged  in  this  conflict.  Never  was  niancEuvering 
more  necessary,  or  less  practicable.  Captain  Estill  had  not  a 
man  to  spare  from  his  line,  and  deemed  unsafe  any  movement 
in  front,  with  a  view  to  force  the  enemy  from  their  ground;  be- 
cause in  such  a  movement,  he  must  expose  his  men,  and  some 
of  them  would  inevitably  fall,  before  they  could  reach  the  ad- 
versary. This  would  increase  the  relative  superiority  of  the 
enemy — vv'hile  they  would  receive  the  survivors  with  the  toma- 
hawk in  hand ;  in  the  use  of  which  they  were  practiced  and 
expert.  He  clearly  perceived  that  no  advantage  was  to  be  ob- 
tained over  the  Indians,  while  the  action  was  continued  in  tlieir 
own  mode  of  warfare.  For  although  his  men  Avere  probably 
the  best  shooters^  the  Indians  were  undoubtedly  the  most  ex- 
pert hiders — that  victory  itself,  could  it  have  been  purchased 
with  the  loss  of  his  last  man,  would  afford  but  a  melancholy 
consolation  for  the  loss  of  friends  and  comrades ;  but  even  of' 
victory,  without  some  manoeuvre,  he  could  not  assure  himself. 
His  situation  was  critical ;  his  fate  seemed  suspended  upon  the 
events  of  the  minute ;  the  most  prompt  expctlient  was  demanded  ; 
he  cast  his  eyes  over  the  scene;  the  creek  was  before  him,  and 
seemed  to  oppose  a  charge  on  the  enemy — retreat  he  could  not.. 
On  the  one  hand,  he  observed  a  valley  running  from  the  creek, 
toward  the  rear  of  the  enemy's  line;  and  immediately  combinr 
inc  this  circumstance  with  the  urgency  of  his  situation,  ren- 
dered the  more  apparently  hazardous,  by  an  attempt  of  the  In- 
dians to  extend  their  line,  and  take  his  in  flank;  he  determined 
to  detach  six  of  his  men  by  this  valley,  to  gain  the  flank  or  rear 
of  the  enemy;  while  himself,  with  the  residue,  maintained  his 
position  in  front. 

"  The  detachment  was  accordingly  made  under  the  command 
of  Lieutenant  Miller;  to  whom  the  route  was  shown,  and  the 
order  given,  conformably  to  the  above  mentioned  determina- 
tion: unfortunately,  however,  it  was  not  executed.  The  Lieu- 
tenant, either  mistaking  his  way,  or  intentionally  betraying  his 
duty,  his  honor,  and  his  Captain,  did  not  j)roceed  with  the  re- 
quisite despatch — and  the   Indians,  attentive   to  occurrences^ 


HISTORY   OF   KFATfCKV.  123 

finding  oat  the  weakened  Condition  of  their  adversaries,  rushed 
upon  them,  and  compelled  a  retreat,  after  Captain  Estill  and 
eight  of  his  men  were  killed.  Four  others  were  badly  wounded, 
who,  notwithstanding,  made  their  escape;  so  that  only  nine 
fell  into  the  hands  of  the  savages,  who  scalped  and  stripped 
them  of  course. 

"It  was  believed  by  the  survivors  of  that  action,  that  one  -half 
of  the  Indians  were  killed,  and  this  idea  was  con'oborated  by 
reports  from  their  towns. 

"  There  is  also  a  tradition,  that  Miller,  with  his  detachment, 
crossed  the  creeks-fell  in  with  the  enemy — lost  one  or  two  of 
his  men — and  had  a  thii'd  or  fourth  wounded  before  he  retreated. 

"  This  action  is  said  to  have  lasted  two  hours,  and  there 
seems  to  be  nothing  wanted  in  its  circumstances  but  numbers, 
with  the  pomp  and  tactics  of  modern  war,  to  make  it  memora- 
ble. Memorable  it  will  be  to  those  friends  of  the  brave  de- 
fenders of  their  country,  whose  heart  received  the  pang  given 
by  the  report  of  this  event — memorable  it  will  be  to  the  few 
who  survived  it — whether  by  absconding  with  the  Lieutenant, 
in  a  moment  of  dismay,  they  forfeited  the  praise  which  they 
had  previously  merited^ — or  by  standing  with  their  Captain 
until  his  fall,  they  yielded  to  superior  numbers,  a  victory  which 
was  due  to  their  courage  and  fidelity — and  which  a  superior 
force  alone,  could  have  extorted  from  them.  Memorable  it  will 
also  be  in  the  simple  annals  of  Kentucky,  for  the  equality  of 
the  opposing  numbers — for  the  great  fortitude  with  which  it 
was  maintained — for  the  uncommon  proportion  of  the  slain — 
for  the  error  of  the  Lieutenant — and  for  the  death  of  the  Cap- 
tain. In  grateful  remembrance  of  the  personal  bravery  and 
good  conduct  of  Captain  Estill,  a  county  of  the  commonwealth 
perpetuates  his  name. 

"  In  reviewing  the  incidents  of  this  battle^  the  conduct  of  the 
Indians  cannot  fail  of  commanding  attention.  Their  determined 
bravery;  their  obstinate  perseverance;  the  promptitude  with 
which  they  seized  on  the  absence  of  the  detachment  to  advance 
on  their  enemy;  and  thus  by  a  step  not  less  bold  than  judicious, 
to  ensure  to  themselves  a  victory  of  immortal  renown :  conduct 


124  HISTORY   OP   KENTUCKY, 

alike  bespeaking  the  possession  of  skill  in  war,  and  a  training 
to  command,  which  could  but  render  them  formidable,  and  even 
victorious. 

"  The  result  of  this  action  had  the  most  serious  effect  upon 
the  minds  of  the  inhabitants  generally."* 

The  hostility  necessarily  incident  to  the  hunter  state,  against 
the  white  intruders,  as  they  deemed  our  people,  who  were  de- 
stroying their  game,  the  principal  source  of  Indian  subsistence; 
circumscribing  their  hunting  grounds,  and  attacking  their 
towns,  whenever  they  found  it  convenient;  could  want  but  lit- 
tle excitement  to  direct  their  exertions  against  Kentucky.  Yet 
the  passions  of  the  Indians  are  said  to  have  been  particularly 
exasperated  by  speeches  from  McKee  and  Girty ;  white  men  who 
had  abandoned  their  own  countrymen  from  disappointments  in 
military  promotion,  under  Pennsylvania,  as  it  is  said,  and  had 
united  with  the  British  and  Indians.  Headed  by  these  renegades^ 
but  particularly  by  Simon  Girty,  on  the  evening  of  the  14th  of 
August,  1782,  a  body  of  Indians  from  various  tribes,  extending 
from  the  Lakes  to  the  Mississippi,  to  the  computed  number  of 
five  hundred,  suddenly  assembled  round  Bryant's  station.  This 
place  has  been  previously  mentioned  and  would  be  briefly 
passed  over  now,  were  it  not  for  its  connection  with  the  fatal 
battle  of  the  Blue  Licks.  This  fort  was  situated  on  the  left  of 
the  present  road  from  Lexington  to  Maysvillc,  immediately  on 
the  southern  bank  of  Elkhorn ;  the  fort  contained  about  forty 
cabins,  placed  in  parallel  lines,  connected  by  strong  pallisades, 
and  was  garrisoned  by  about  forty  or  fifty  men.     The  enemy 

♦  II  would  1)0  unpariloimtilo  lo  omit  on  the  subject  of  Eslill's  defeat,  the  beaiitifitl  pane- 
g)'ric  upon  it  expressed  by  Cliief  Justice  Ifolitrtsou  iu  Iliecasc  of  Conley's  Ilcirs  iisainst 
Chiles.— 5</«  Marshall's  Rriiorls.—"  Theliattle  was  fought  on  lli(;22d  of  March,  1782,  in 
the  nowcouiily  of  Moiitnoriicry,  and  in  the  vicinity  of  Mduntstcrlins;.  It  is  a  meniorahle 
incident,  and  pcrliaps  one  of  llio  most  nienioralilo,  in  tin;  interesting  liistory  of  the  settle- 
ment of  Kentucky.  The  u.scfulness  and  popularity  of  Ciiplain  Kstill;  llie  dccpand  univer- 
sal sensibility  excited  hy  the  iinmnture  dialli  of  a  citizen  so  <;alliinl  and  so  heloved;  the 
emphatic  cliaractcr  of  ids  associates  in  liatllf;  Ilie  masterly  .-ikill  and  cluvalric  daring  dis- 
played throiiKhont  lln;  action,  ("  every  man  to  his  man,  and  each  to  liis  tree;")  the  grief 
and  desiKindciKx  produced  liy  the  catastrophe;  ail  contriiiulcd  to  fjiveto  "Ei^TILL'S  DK- 
KE.\T,"  a  most  sisnal  noloricly  and  importance,  especially  aiuon<; "  the  early  settlers." 
All  the  story  with  all  its  circumstances  of  locality,  and  of"  tlie  (is-'h',"  was  told  and  told 
.•main  and  again,  until  even  tlic;  children  knew  it "  hii  /irarl."  No  legendary  tale  was  ever 
listened  to  with  as  intense  anxiety,  or  was  inscrilied  in  as  vivid  and  indelible  an  impress, 
on  the  hearts  of  the  few  of  l)oih  sexes,  who  then  constituted  the  liope  and  strength  of  Ken- 
lucky. 

"  Huch  is  I  he  traditional  as  well  as  the  recorded  history  of  this  sangninary  battle  between 
the  white  men  and  the  Indians;  and  duch,  too,  is  the  testimony  embodied  in  this  cause.'' 


HISTORY  OP   KENTUCKY.  125 

showed  themselves  suddenly  the  next  morning,  when  some  of 
the  garrison  were  in  the  adjacent  cornfield,  and  others  absent; 
though  not  far  from  the  station,  with  a  good  deal  of  the  reckless- 
ness, too  characteristic  of  the  times.  Some  of  these  in  the 
neighborhood  got  safely  into  the  fort,  while  others  communica- 
ted the  alarm  to  Lexington,  and  other  neighboring  stations; 
whence  assistance  was  immediately  and  gallantly  furnished. 
The  place  was  closely  invested  for  the  two  ensuing  days;  du- 
ring which  the  Indians  kept  up  a  continual  fire,  by  which  four 
men  were  killed  and  three  wounded.  The  enemy  made  seve- 
ral attempts  to  fire  the  cabins  by  shooting  lighted  arrows  on  the 
roofs,  and  even  attempted  to  fire  the  log  walls  with  torches,  all 
ineffectually.  After  s\istaining  a  loss  of  about  thirt)^  warriors 
in  their  various  bold,  but  unskilful  attempts;  the  Indians  de- 
parted on  the  morning  of  the  fourth  day.  They  left  their  fires 
burning,  and  also  bits  of  meat  on  the  roasting  sticks,  which 
served  instead  of  spits.  They  returned  along  the  great  B  jffalo 
trace  by  Ruddle*'s  and  Martin's  stations,  which  had  been  laid 
waste  two  years  before;  although  out  of  their  direct  course  to 
the  Lower  Blue  Licks.  Indeed  their  retreat  showed,  that  there 
was  no  wish  to  conceal  their  trail,  or  avoid  a  battle.  On  the 
contrary,  every  indication  had  been  given,  so  contrary  to  the 
cautious  and  secret  tactics  of  Indians,  that  they  desired  an  en- 
counter. In  the  mean  time,  Colonel  John  Todd,  of  Lexington, 
Lieutenant  Colonel  Trigg,  of  Harrodsburgh,  and  Col.  Boone, 
of  Boonesborough,  with  Majors  McGary,  Ilarland  and  Levi 
Todd,  at  the  head  of  about  one  hundred  and  eight)'-two  men,* 
repaired  to  Bryant's  station.  By  the  ISth.  the  detachments 
had  assembled,  and  it  was  concluded  to  proceed  in  pursuit  of 
the  enemy,  without  waiting,  (as  urged,  ir  is  said,  by  JIcGary.) 
for  a  large  reinforcement,  presumed  to  be  collecting  by  Colonel 
Ben.  Logan.  It  immediately  struck  the  more  experienced  of 
the  party,  on  their  march,  and  particularly  Boone,  that  the 
chopping  the  trees  along  the  Indian  trail,  shewed  a  willingness 
on  their  part,  to  be  pursued;  and  at  the  same  time,  the  con- 
tracting of  their  camp  and  using  few  fires,  where  the)'  stopped 

*  Clark's  Papers. 

L* 


126  HISTORY    or    KEXTUCKV. 

to  eat,  indicated  a  design  to  mask  their  numbers.  These  cir- 
cumstances, it  was  thought,  called  emphatically  for  caution ; 
still,  no  Indians  were  seen  until  the  party  reached  the  southern 
bank  of  Licking,  at  the  Lower  Blue  Licks.  A  few  of  the 
enemy  were  then  seen  by  the  Kentucky  troops  in  front,  lei- 
surely and  without  any  apparent  alarm,  retreating  over  the 
ridge.  A  halt  was  then  called,  and  a  council  of  officers  held, 
to  adopt  the  best  plan  of  operations :  whether  to  attack  imme- 
diately, or  to  reconnoiter,  and  wait  for  the  reinforcements 
coming  up  under  a  most  experienced  Captain.  Colonel  Boone 
delivered  it  as  his  opinion  to  the  other  officers,  much  less  skilled 
in  such  matters  than  himself,  that  the  Indians  might  amount  to 
three  or  five  hundred,  from  the  ambiguous  sign,  which  they 
had  made  on  the  road;  that  the  main  body  must  be  near,  and 
prepared  for  action.  He  said  he  was  particularly  acquainted 
with  the  ground  about  the  Licks;  which  is  indeed  remarkable: 
the  river  forming  an  abrupt  bend,  includes  a  ridge  on  the  north 
side,  passing  between  two  ravines,  which  extend  to  the  river, 
like  the  sides  of  an  angle  or  wings  of  a  net;  here,  he  most  sa- 
gaciously conjectured,  the  Indians  had  formed  an  ambuscade, 
and  were  lying  in  wait  for  them.* 

To  counteract  their  plan,  he  proposed  to  divide  the  Ken- 
tuckians  into  two  parties,  to  send  one-half  of  the  men  up  the 
river,  as  high  as  a  small  creek  called  Elk,  to  cross  over  to  a 
ridge  outside  a  ravine  on  the  right;  while  the  other  half  of  the 
troops  should  occupy  the  high  ground  north  of  the  Licks,  ready 
to  co-operate  with  the  right  wing:  or  else  to  reconnoiter  the 
ground  well,  before  the  main  body  crossed  the  river.  The 
council  were  only  hesitating  between  the  two  plans,  when 
Major  AIcGary  in  defiance  of  all  subordination,  raising  the 
warwhoop,  called  out,  "  Those  who  are  not  cowards  follow  me; 
I  will  show  them  where  the  Indians  are,"  and  spurred  his  horse 
into  the  river.  The  unhappy  example  was  contagious  among 
the  fiery  spirits  assembled,  unchecked  by  any  commanding 
genius;  and  the  whole  expedition  passed  the  river  without 
order  or  concert;  following  the  road  which  McGary  kept  in 

•  Marshall  1. 136. 


niSTORV   OF   KENTUCKY. 


127 


front.     Parties  flanked  off  as  the  rough,  naked,  and  irregular 
surface  would  admit.  It  must  be  noticed,  that  the  ground  within 
the  bend  of  the  river  was  covered  with  rocks  laid  bare  by  the 
trampling  of  the  buffalo  which  resorted  to  the  Licks,  and  by  the 
washing  of  the  rains;  it  presented  only  a  few  scattering  trees. 
The  body  of  the  troops  headed  by  McGary,  Harland,  and  Mc- 
Bride,  formed  a  broken  line  corresponding  with  the  ridge, 
which  has  been  mentioned  and  parallel  with,  and  between  the 
ravines,  which  were  filled  with  Indians,  concealed  by  a  short 
growth  of  timber.     No  sooner  had  McGary  entered  the  woods 
at  the  head  of  the  ravines,  than  the  action  began  with  great 
warmth  and  effect,  which  our  men  returned  with  equal  vigor, 
while  they  could  keep  among  the  trees;  but  they  were  soon 
driven  into  the  naked  plain,  between  two  fires  from  the  Indians, 
who  doubled  them  in  numbers.     Soon  the  conflict  was  discov- 
ered to  be  desperate  on  our  side ;  nearly  the  whole  of  the  men 
had  fallen,  as  well  as  Colonels  Todd  and  Major  Trigg,  McBride, 
and  Harland.     The  Indians  were  turning  the  rear  and  rushing 
upon  our  men  with  the  tomahawk,  when  the  retreat  was  com- 
menced.    But  there  was  but  one  point  of  escape,  and  that  by 
a  narrow  ford  at  the  lower  part  of  the  bend,  or  by  swimming 
the  river     Here  all  were  rushing  together,  to  avoid  the  horrors 
of  Indian  massacre,  or  captivity,  not  less  dreadful.     The  exe- 
cution was  prodigious  in  the  crowded  disorderly  retreat  to  the 
river  and  in  the  water,  for  a  battle  fought  by  backwoodsmen, • 
who,  in  general,  have  been  as  cautious  and  sparing  of  blood,  as 
their  red  enemies.     In  this  extremity,  the  unhappy  fugitives 
were  greatly  assisted  by  a  halt,  ordered  by  one  Netherland; 
who,  having  crossed  to  the  sout.iern  side,  called  to  his  fellow 
soldiers  to  fire  on  the  Indians,  and  protect  the  men  in  the  river; 
the  exhortation  was  regarded  by  a  few,  and  checked  the  pur- 
suit of  the  enemy  for  a  short  time;  by  which  many  were  saved. 
The  Indians  soon,  however,  crossing  above  and  below,  further 
flight  became  inevitable,  and  it  continued  for  twenty  miles  with 
little  loss. 

An  instance  of  generous  forgetfulness  of  self  which  took 
place  in  this  retreat,  ought  not  to  be  omitted  for  its  intrinsic 


128  fiBTORY   OF    KENTUCKY. 

moral  beauty,  and  for  the  relief  it  affords  from  the  disgusting 
tale  of  slaughter  and  destruction,  which  occur  with  such  bale- 
ful monotony  on  both  sides,  in  these  early  border  ward.  Still 
it  is  only  a  picture  of  the  calamities,  which  have  attended  the 
hostilities  with  barbarians  in  other  ages  and  countries;  but 
particularly  on  the  marches  or  frontiers.  Scots  and  English, 
English  and  Welsh,  the  Chappows  of  Turcomans  and  the  forays 
of  feudal  times,  have  presented  the  same  features.  The  great 
lesson  this  truth  furnishes,  ought  eternally  to  admonish  the  peo- 
ple of  these  states,  against  creating  the  same  excitements  to  all 
the  fiercer  and  malevolent  passions,  which,  a  dissolution  of  the 
present  glorious  Union  of  the  States,  would  inevitably  adminis- 
ter to  the  nation. 

The  incident  alluded  to  above,  is  as  follows:  Captain  Robt. 
Patterson,  exhausted  by  the  retreat  and  wounds  received  in 
former  battles,  was  overtaken  by  a  young  man  of  the  name  of 
Reynolds,  on  horseback;  the  latter  immediately  dismounted, 
placed  Patterson  on  his  saddle,  and  took  his  own  chance  on 
foot.  Patterson  escaped,  but  his  generous  friend  was  seized  by 
three  or  four  Indians,  who  deprived  him  of  his  arms,  and  left 
him  in  charge  of  one  of  their  companions,  while  they  engaged  in 
further  pursuit.  The  Indian  in  charge  of  Reynolds,  had  occa- 
sion to  stoop  in  order  to  tie  his  moccason,  the  latter  seized  the 
opportunity  to  snatch  the  Indian's  gun,  to  knock  him  down,  and 
effect  his  own  safety,  which  he  happily  accomplished.  In  re- 
turn for  his  magnanimity,  Patterson  presented  Reynolds  with* 
"two  hundred  acres  of  first  rate  land:"  a  reciprocation  of  good 
ofiices,  which  over  has  constituted  the  essence  of  virtue  and 
true  excellence  of  heart.  The  loss  in  this  battle,  was  heavier 
than  ever  experienced  in  Kentucky  before;  out  of  one  hundred 
and  seventy-six  men,  sixty  were  killed  and  seven  taken  prison- 
ers; the  great  part  of  the  Ilarrodsburgh  men,  fell  in  the  front 
at  the  first  onset;  for  the  battle  only  lasted  from  ffive  to  fifteen 
minutes.  Numbers,  unfeeling  as  the  remark  may  appear,  are  by 
no  means  the  same  criterion  of  loss  in  our  agricultural  state  of 
society,  as  in  the  hunter  state.  Losses,  which  are  rapidly  repair- 

*  Marihall  1, 141.  t  Compare  Maishall  141,  and  Boone's  Narrative  23. 


HISTORY   OF   KEXTUCKV.  129 

ed  by  our  superior  rate  of  increase,  are  fatal  to  the  inferior  pro- 
gress of  savage  society;  yet  what  a  triumph  is  this,  that  we  can 
afford  to  kill  doicn  our  adversaries  I  It  converts  our  superiori'y 
into  one  of  population,  rather  than  one  of  arms,  and  is  well 
calculated  to  moderate  our  boasting  over  the  rude  warriors  of 
the  forest.  Colonels  John  Todd  and  Stephen  TrigL'',  were  par- 
ticularly deplored  for  their  eminent  social  and  private  worth, 
distinguished  intelligence,  and  urbanity  of  manners ;  qualities 
which  are  inestimable,  as  public  models  and  guides  to  society 
in  a  forming  state  like  that  of  our  nascent  commonwealth.  Of 
Major  Harland,  it  is  affectingly  said,  no  "  officer  was  more  brave, 
and  none  more  beloved  in  the  field."  It  is  due  to  the  memory 
of  Major  McGary  (who  was  a  man  of  courage,  almost  too  fierce 
for  Indian  bat.Ies,  much  less  for  pacific  society)  to  state,  that 
he  is  said  to  have  counselled  a  delay  at  Bryant's  for  twenty-four 
hours,  until  Logan  could  arrive  with  his  powerful  reinforce- 
ment. This  was  rather  tauntingly  rejected  as  it  is  alleged,  by 
Colonel  Todd,  who,  in  the  honorable  ambition  of  a  brave  man, 
was  fearful  of  the  escape  of  the  Indians,  and  was  apprehensive 
that  he  should  lose  this  opportunity  of  distinguishing  himself, 
by  the  arrival  of  his  senior  Colonel.  McGary  unhappily,  and 
too  fiercely  resented  this  treatment;  and  in  a  spirit  of  lamenta- 
ble revenge,  determined  to  force  a  battle  at  the  hazard  of  any 
consequences  to  his  fellow-soldiers  and  to  his  country.  On  the 
20th  Colonel  Logan  reached  the  battle  ground  with  four  hun- 
dred and  fifty  men ;  but  too  late  to  do  any  thing,  except  bury 
the  mangled  and  disfigured  dead.  From  this  scene  of  bloodshed 
and  massacre,  under  their  most  horrid  aggravations  on  the  part 
of  the  Indians,  the  reader's  attention  must  be  directed  to  its  re- 
taliation with  little  less  ferocity,  by  the  hands  of  our  exasperat- 
ed countrymen.  Indeed  it  is  worse  than  vain,  to  attempt  to  ad- 
just the  equity  of  wars  between  savages  and  a  people  however 
faintly  civilized,  by  investigating  any  one  individual  transac- 
tion on  either  side,  upon  the  ordinary  principles  of  social  jus- 
tice. There  is  a  deeper  root  of  natural  incompatibility  between 
the  two  states  of  man,  which  nothing  can  reconcile;  and  it  is 
this  principle,  which  must  govern  our  final  judgment  upon  the 


130  HISTORY    OF   KENTUCKY. 

conduct  of  races  of  men  in  such  opposite  and  irreconcilable  state? 
of  society.  Let  it  not  be  supposed,  the  author  is  insensible  to  the 
eternal  truth,  that  the  obligations  of  justice  and  mercy  are  as 
universal  in  their  force,  as  the  existence  of  sentient  beings;  or 
that  he  is  not  alive  to  iniquity  practised  upon  savage  nations  f 
but  the  doctrine  he  means  to  assert  is,  that  the  mass  of  mutual 
wrongs  and  sufferings  inflicted  by  men,  in  inconsistent  states 
of  society;  like  those  of  the  hunter  and  the  agriculturist,  are 
not  to  be  attributed  to  the  ferocious  dispositions  of  either 
party  alone.  They  must  be  traced  to  a  deeper  source, 
■which  the  most  benevolent  dispositions  could  not  dry  up,  and 
but  feebly  stop.  The  Indians  have  faded  away  before  (he  be- 
nevolence of  Penn;  ''  (he property  line'''  of  the  colonial  authority 
arid  all  the  considerate  reservations  of  land  and  privilege  by  the 
•elder  states,  nearly  as  rapidly  as  before  fiercer  measures,  and 
more  merciless  dealing.  No  barrier  can  be  raised,  which  will 
effectually  protect  the  one  state  of  society  from  the  annihilating 
encroachments  of  the  other;  it  is  a  war  of  social  condition,  and 
not  of  individual  character,  in  which  there  can  be  neither  long 
truce  nor  durable  peace.  It  seems  to  be  the  decree  of  Provi- 
dence, and  no  iloubt  for  the  wisest  purposes,  that  the  barbarous 
state  of  man  should  utterly  yield,  and  be  merged  in  his  civilized 
condition.  These  reflections  have  been  thought  appropriate  to 
the  occasion,  and  may  serve  as  a  final  commentary  upon  our 
Indian  wars,  which  are  to  be  viewed  in  every  respect,  like  the 
conflicts  of  the  elder  nations  of  the  eastern  continent  with  their 
barbarous  neighbors,  from  the  earliest  records  of  social  conten- 
tion. 

It  is  time,  however,  to  return  to  the  retaliatory  expedition 
of  General  Clark,  which  gave  rise  to  these  remarks.  The 
General  invited  a  meeting  of  the  superior  military  officers  of 
his  brigade  at  the  Falls,  to  make  arrangements  for  an  imposing 
expedition  against  the  Indians.  This  council  recommended  a 
draft  of  men  to  make  up  any  deficiency  of  volunteers  and  the 
impressment  of  provisions  and  horses,  where  voluntary  contri- 
butions were  not  suflicient.  The  spirit  and  patriotism  of  the 
country  rendered  these  coercive  measures  unnecessary ;  mea 


HISTORY   OP  KEXTUCKY.  131 

and  officers  presented  themselves  with  the  utmost  eagerness 
and ''beeve?,  pack-horses,  and  other  supplies""  poured  in  abun- 
dantly from  those,  who  could  not  personally  join  the  expedition. 
In  every  case  of  property  offered  or  impressed,  a  certificate  of 
its  valuation  was  given  as  evidence  to  its  owner,  for  future 
compensation;  at  that  time,  deemed  by  no  means  certain. 
"  Bryant's  station  was  appointed  the  rendezvous  for  the  upper 
part  of  the  country;  the  Falls  of  the  Ohio  for  the  lower,  and 
the  mouth  of  Licking  the  point  of  union"  for  the  different  de- 
tachments. General  Clark  assumed  the  command  with  Colo- 
nels Floyd  and  Logan  under  him ;  these  officers  at  the  head 
of  about  one  thousand  mounted  riflemen,  assembled  at  the  ap- 
pointed spot  on  the  last  of  September,  1782.  The  expedition 
proceeded  with  the  efficiency  ever  characteristic  of  its  chief, 
while  in  the  pride  of  his  energy;  and  reached  the  neighborhood 
of  the  first  Indian  town,  and  within  half  a  mile  of  a  camp,  which 
formed  the  rear  of  the  triumphant  party,  from  the  battle  oftho 
Blue  Licks,  An  Indian  straggler  now  discovered  the  hosiile 
force,  and  gave  the  alarm  of  "  a  mighty  army  on  its  march."* 
The  savage  camp  was  immediately  evacuated,  and  the  alarm 
conveyed  to  the  different  towns.  This  most  unpropitious  dis- 
covery left  nothing  but  empty  cabins  and  deserted  fields,  to 
satisfy  the  resentment  of  the  whites.  The  buildings  were 
quickly  fired,  and  the  cornfields  laid  waste,  seven  prisoners 
were  taken,  and  three  of  the  enemy  killed  in  this  expedition; 
it  extended  its  ravages  through  the  different  Chilicothes,  Picka- 
way, and  Will's'town,  with  the  same  desolating  effect.  This 
campaign,  trifling  as  its  execution  may  seem,  appears  to  have 
put  an  end  to  the  formidable  Indian  invasions  of  Kentucky; 
after  this  period,  it  was  only  exposed  to  stragglers  and  small 
parties.  Such  an  affect  must  be  attributed  to  so  overwhelming 
a  display  of  force,  immediately  after  the  disastrous  battle  of  the 
Blue  Licks. 

The  opportunity  now  seems  favorable  to  notice  the  spirit 
and  rpanners  of  society  in  these  primitive  times  of  Kentucky 
history,.     Until  nearly  this  time,  the  proportion  of  females  ha^ 

*  Manhall  1, 147. 


132  HISTOBY  OF  KENTrcKT. 

been  small,  painfully  so,  to  the  gallantry  and  devotion  of  the 
males;  it  was  now  no  longer  felt,  and  a  license  to  marry  is  said 
to  have  been  the  first  process  issued  by  the  clerks  of  the  new 
counties.  A  law  suit  did  not,  at  this  time,  exist  in  Kentucky; 
since  so  unfortunately  loaded  with  litigation  about  the  very 
homes  and  the  firesides  of  her  citizens.  Our  first  settlers  were 
necessarily  composed  in  general,  of  those  who  had  braved  and 
enjoyed  the  perils  and  enterprise  of  settling  the  frontiers  of  the 
adjacent  states.  Few  others  could  support  the  hardships,  or 
would  encounter  the  dangers  and  difficulties,  which  environed 
a  residence  in  these  dark  and  bloody  grounds,  as  the  term  *Kan' 
tuck-kee,  or  Kentucky,  is  said  to  mean  in  the  Indian  dialect. 
The  duties  of  the  household,  in  the  happy  absence  at  that  time, 
of  slaves,  (would  to  God  Kentucky  could  always  have  escaped 
the  curse  and  the  iniquity  of  their  condition,)  were  discharged 
by  'he  females.  They  milked  the  cows,  prepared  the  meats, 
spun  and  wove  the  garments  of  their  husbands  and  children; 
while  the  men  hunted  the  game  of  the  woods,  cleared  the  land, 
and  planted  the  grain.  To  grind  the  Indian  corn  into  meal  on 
the  rude  and  laborious  hand-mill;  or  to  pound  it  into  hominy 
in  a  mortar,  was  occasionally  the  work  of  either  sex.  The  de- 
fence of  the  country,  the  building  efforts  and  cabins,  fell  most 
properly  to  the  share  of  the  men ;  though  in  those  hardy  times, 
it  was  not  all  uncommon  for  females  during  a  seige,  to  run 
bullets  and  neck  them  for  the  rifle.  Deer  skins  were  exten- 
sively used  for  dress,  to  compose  the  hunting  shirt,  the  long 
overalls,  the  leggins,  and  the  soft  and  pliable  moccasons;  the 
buffalo  and  the  bear  furnished  the  principal  covering  for  the 
night.  Handkerchiefs  tied  round  the  head  had  often  supplied 
the  place  of  hats;  strips  of  buffalo  hide  were  used  for  ropes. 
Stores  or  shops  wore  unknown;  wooden  vessels  cither  prepared 
by  the  turner,  the  cooper  or  their  rude  representatives  in  the 
woods,  wore  the  common  substitutes  for  table  furniture,     t"  A 

»  The  nuthnr  Jim  lif-eii  iinnMo  to  confirm  tliis  poi)iilar  ctj-innlosy,  liy  the  itiquirics  lie 
has  inniU:  of  lho?e  coiiver.-ant  in  llic  iTidian  liiii^'unt'is.  Ttie  Kt;iiliicky  river  is  railed 
Cuttawii  liy  I.iAviri  Evaris  in  liig  iimp  of  the  iiiiildle  lolonies  puhlished  at  Pliiladclptiiaiii 
1753.    It  in  called  Kenluckc  or  t'uttawa  in  Wayne's  treaty  of  1795. 

t  Marshall  I, m. 


HISTORY    OF  KENTUCKY.  133 

tin  cup  was  an  article  of  delicate  luxury,  almost  as  rare  .is  an 
iron  fork."     Every  hunter  carried  a  knife,  too  aptly  called  a 
scalping  Jmife,  in  the  hands  of  the  white    man,   as   well   as 
in  those  of  the  Indian;  one  or  two  knives  would  compose  the 
cutlery  for  families,  never  deficient  in  their  numbers.     The 
furniture  of  the  cabin  was  appropriate  to  the  habitation ;  the 
table  was  composed  of  a  slab,  or  thick  flat  piece  of  timber 
split,  and  roughly  hewn  with  the  axe,  with  legs  prepared  in 
the  same  manner.     This  latter  instrument  was  the  principal 
tool  in  all  mechani -al  operations,  and  with  the  adze,  the  auger, 
and  above  all  the  r/^c,  composed  the  richest  mechanical  assort- 
ment of  Kentucky.     Stools  of  the  same  material  and  manufac- 
ture, filled  the  place  of  chairs.   When  some  one  more  curiously 
nice  than  his  neighbors,  chose  to  elevate  his  bed  above  the 
floor,  (often  the  naked  ground,)  it  was  placed  on  slabs  laid 
across  poles,  which  were  again  supported  by  forks  driven  into 
the ^oor.     If,  hawever,  the  floor  happened  to  be  so  luxurious, 
as  (o  be  made  of  puncheons,  (another  larger  sort  of  slabs,)  the 
bedstead  became  hewed  pieces,  let  into  the  ^/tZcir  of  the  cabin 
by  auger  holes  in  the  logs.     It  is  worth  while  to  mention,  that 
the  cradle  of  these  times,  was  a  small  rolling  trough  much  like 
what  is  called  the  sugar  trough;  used  to  receive  the  sap  of  the 
sugar  maple.  Still  the  food  in  these  rude  habitations,  and  with 
this  rough  and  inartificial  furniture,  was  the  richest  milk  and  fin- 
est bu'ter  furnished  by  the  luxuriant  pasture  of  the  woods,  cover- 
ed with  the  rich  pea  vine  and  the  luscious  cane.     The  game  of 
the  country,  it  has  been  already  seen,  struck  the  experienced 
eye  of  even  Baone,  as  profuse  beyond  measure;  it  was  the 
theme  of  admiration  to  every  hunter:  nor  did  Uu  abundance 
afford  slight  assistance  to  the  whites,  in  their  conquest  of  the 
land.     It  has  often  been  remarked,  that  Kentucky  could  never 
have  been  maintained  against  the  Indians,  liad  it  not  been  for 
the  ample  store  of  provisions,  which  the  forests  s:ipplied.    The 
enemy  w^ould  never  have  permitted  provisions  to  have  been  trans- 
ported, or  to  have  grown  by  the  slow  and  peaceable  processes 
of  farming;  and  the  consequence  must  have  been,  that  the  sta- 
tions would  have  been  starved  into  surrender;  but  for  the 

M 


134  nisTORr  of  kextucky. 

providential  supply  of  the  deer,  the  buffalo,  and  the  bertr- 
These  were  to  be  obtained  by  every  gallant  rifleman;  and  this 
so  abundantly,  that  the  buffalo  has  often  been  shot  in  order  to 
enjoy  either  its  hump  or  its  tongue.  The  hospitality  of  these 
times,  was  much  less  a  merit,  than  an  enjoyment;  often  a  pro- 
tection to  both  parties.  The  fare  was  rough,  but  heartily  and 
generously  divided  with  every  fellow  woodsman. 

It  would  not,  however,  be  justice  to  the  manners  and  charae- 
tcr  of  the  present  state  of  society;  any  more,  than  to  those  of 
the  times  we  are  describing,  to  conclude  the  portrait  here. 
Hardihood,  bravery,  endurance  of  suffering  and  generosity, 
were  prominent  and  undeniable  features  in  the  character  of  the 
first  settlers  of  Kentucky.  These  qualities  are  attested  by  the 
Avhole  history  of  their  gallant,  hardy,  and  magnanimous  deeds, 
in  the  conquest  which  they  m.ade  of  this  lovely  land,  from  such 
wily,  ferocious,  and  formidable  tribes  of  Indians,  assisted  by 
the  ample  resources  of  Great  Britain.  Literature  and  science 
Avith  their  train  of  humanizing  arts,  and  the  thousand  delightful 
excitements  to  activity  of  mind,  which  they  furnish,  it  would 
be  worse  than  folly  to  e.xpect,  in  these,  not  misnamed,  barbar- 
ous and  primitive  times  of  Kentucky,  Government  was  nearly 
as  simple,  as  the  impalpable  policy,  subsisting  among  the  In- 
dians; the  complexities  of  law  were  uncalled  for  in  this  condi- 
tion of  few  wants,  and  nearly  universal  means  of  gratifying 
them.  Trade  there  was  none;  for  there  was  nothing  yet  to 
give  in  exchange.  Did  any  man  want  land?  lie  could  occupy 
any  quantity,  that  be  could  defend  against  the  Indians,  Did  he 
want  clothing  or  subsistence?  His  rlHc  would  furnish  any 
supply  of  either,  which  liis  activiiy  and  his  industry  could  com- 
mand. Avarice  and  the  love  of  gain  had  scarcely  at  first  a 
temptation  to  dcvclope  tlicm,  Wjiat  a  cliasm  must  then  have 
existed,  to  be  filled  by  one  of  the  fiercest  and  most  insatiate 
passions  of  the  hr.man  mind  !  Still  let  it  not  be  supposed,  that 
our  early  society  wa.s  quita  one  of  Arcadian  fiction.  Though 
politics  did  not  dihiract  tlie  community  with  their  noisy  din  and 
bitter  contentions;  though  traffic  and  labor  did  not  furnish  their 
topics  of  sU'ife,  and  sources  of  discontent;  still  there  was  no 


HISTORY   OF   KEXTUCKV.  135 

absence  of  rivalry,  and  that  pursued  with  suflicient  bitterness. 
They  would  dispute  who  was  the  best  shot,  who  the  most  supple 
wrestler,  the  strongest  man,  or  the  "  better  man*'  in  a  fight;  nor 
were  these  disputes  always  bloodless;  and  even  sometimes 
wefe  settled  with  the   knife  and   the  rifle.     The  female  sex, 
though  certainly  an  object  of  much  more  feeling  and  regard, 
than  among  the  Indians,  was  doomed  to  endure  much  hardship, 
and  to  occupy  an  inferior  rank  in  society  to  her  male  partner. 
In  fine  our  frontier  people  were  much  allied  to  their  contempo- 
raries of  the  forest  in  many  things,  more  than  in  their  com- 
plexions.    To  be  sure  this  is  but  a  general  sketch  of  the  early 
mass:  there  were  among  them,  men  of  finer  mould  and  supe- 
rior character,  who  would  have  adorned  any  state  of  society; 
and  these  remarks  must  be  severely  restricted  to  the  body  of 
the  earliest  emigrants.     This  picture  has  little  or  no  resem- 
blance of  Clark,  of  Ilarrod,  and  Boone;  Bullitt  and   Logan; 
Floyd,  the  Todds,  and  Hardin;   and  no  doubt  many  other  no- 
ble spirits,  who  were  the  lights  and  guides  of  their  times.     It 
was  a  state  of  society  peremptorily  extorting  high  physical 
faculties;  more  than  mental  exertions,  or  artificial  endowments. 
When,  theretbre,  we  learn  that  Boone,  Harrod,  and  Logan 
were  little  advanced  in  artificial  learning;  let  no  reader  be  so 
unjust  or  unthinking,  as  to  treat  their  memory  with  contempt. 
Letters  could  have  ill  sup|)lied  their  manly  spirit,  their  vigor- 
ous frames,  and  above  all,  their  talents  and  tact  in  command- 
ing the  respect  and  confidence  of  a  rough  and  fierce  class  of 
men,  while  living;  and  which  excited  their  sincerest  regrets, 
when  dead.     These  gallant  and  magnanimous  hunters  of  Ken- 
tucky, will  ever  be  sacred  to  the  hearts  of  all  lovers  of  bravt* 
and  noble  deeds;  however  they  may  have  been  unadorned  by 
die  polish  and  beauty  of  learning.     Charlemagne  was  no  les« 
the  Emperor  of  the  west  of  E  irope ;  he  was  no  less  the  master 
spirit  of  his  tim?,  stam])ing  his  impress  on  his  generation;  be- 
cause he  signed,  and  could  not  artificially  subscribe  his  name- 
Artificial  education,  or  the  learning  of  books,  is  too  often  coii- 
founded  with  that  higher  education,  consisting  in  the  develop- 
ment of  the  mind,  inspired  by  surrounding  circumstances,  and 


136  HISTORY   OF   KEXTUCKT. 

which  is  open  to  all  the  children  of  man,  whether  favored  by 
civilization  or  not. 

The  religion  of  these  times  must  necessarily  have  suffered 
amidst  the  pressing  privations  surrounding  the  inhabitants;  it 
could  not  have  been  greatly  cultivated  amidst  the  struggles 
with  want,  and  battles  with  Indians.  Yet  the  heart  of  the  har- 
diest male,  much  less  of  the  female,  must  often  have  melted  with 
reverence  for  that  Being,  whose  secret  and  invisible  providence 
watched  over  their  weakness,  and  saved  them  from  the  perils 
of  the  rifle  and  the  tomahawk.  True,  many  fell  victims  to  the 
Indians ;  many  were  burned  and  tortured,  with  every  refine- 
ment of  diabolical  vengeance;  others  were  harrowed  with  the 
recollection  of  their  children's  brains  dashed  out  against  the 
trees;  the  dying  shrieks  of  their  dearest  friends  and  connexions; 
still  the  consolations  of  Heaven,  were  not  absent  from  the  dying 
spirits  of  the  former;  or  the  wounded  hearts  of  the  latter.  la 
the  beautiful  poetry  of  Bryant: 

''  The  groves  were  God's  first  temples.    Ere  man  learned 

"  To  hew  the  sliaft,  and  lay  the  architrave, 

•*  And  spread  the  roof  above  them,  ere  he  framed 

"  The  lofty  vault,  to  gather  and  roll  back 

"  The  sound  of  anthems,  in  the  darkling  wood, 

"  Amidst  the  cool  and  silence,  he  knelt  down, 

**  And  oiTer'd  to  the  Mightiest,  solemn  tliank.s 

"  And  supplication." 

Temples  and  priests,  important  as  they  undoubtedly  are,  to 
a  cultivation  of  a  love  for  heavenly  meditations,  and  the  moral 
glories  of  another  and  higher  state  of  being,  arc,  let  it  never 
be  forgotten,  not  indispensable.  The  religion  of  the  heart, 
gratitude  to  God  and  love  for  man,  flourish  in  the  rudest 
stages  of  society;  and  not  unfrequently  with  more  purity,  than 
amidst  the  accumulated  temptations  of  refined  life.  There  was, 
indeed,  as  might  most  naturally  be  expected,  a  roughness  of 
exterior;  (though  conventional  forms  of  society  are  never  to  be 
confounded  with  the  essence  of  true  politeness)  there  was  too 
exact  a  retaliation  fif  the  savage  warfare  of  their  subtle  and  fe- 
rocious enemies;  there  was  too  little  respect  for  the  rights  and 
moral  claims  of  Indians;  but  to  lie,  to  cheat,  to  desert  a  fellow 


HISTORY   OF    KENTUCKY.  137 

hunter  in  distress,  were  vices  unknown  to  the  brave  and  sim- 
ple men  who  conquered  Kentucky.  A  manly  love  of  truth 
and  independence  of  spirit,  which  would  right  itself  in  "the  court 
of  Heaven,"  were  almost  invariable  traits  in  their  character. 

There  are  some  curious  particulars  in  our  early  arts,  which 
may  well  be  recorded.  *Hats  were  made  of  native  fur,  and 
sold  for  five  hundred  dollars  in  the  paper  money  of  the  times; 
the  wool  of  the  bufiiilo,  and  the  bark  or  rind  of  the  wild  nettle, 
were  used  in  the  manufacture  of  cloth,  and  a  peculiar  sort  of 
linen  out  of  the  latter. 

In  December,  1781,  the  Legislature  of  Virginia  extended  the 
scale  of  depreciation,  at  which  her  issues  of  paper  money 
should  be  taken,  from  one  and  a  half  paper  dollars  for  one  hard 
or  metallic  dollar,  to  one  thousand  dollars  in  paper,  for  one  in 
silver.  The  certificates  of  this  depreciation,  which  were  issued 
in  exchange  for  the  previous  currency,  were  directed  by  law 
to  be  taken  for  taxes  and  for  lands  belonging  to  the  state. 
The  price  of  the  latter  was  fixed  at  a  specie  valuation;  but  so 
reduced  as  to  make  them  cost  less  than  five  dollars  in  hard 
money,  or  the  paper  price  of  the  warrant  was  subjected  to  the 
scale  of  depreciation,  so  that  land  was  obtained  "  for  less  than 
fifty  cents  per  hundred  in  silver."  A  temptation  to  pour  a 
flood  of  paper  money  on  the  lands  of  Kentucky,  which  trebled 
and  quadrupled  the  land  claims  of  the  country,  to  its  deep  and 
lasting  distress. 


CHAPTER  IX. 


Land  Titles— Attempts  to  sever  Kenturky  from  the  Ignited  States— John  Jay  resists 
them — Supreme  District  Court  estahlished — James  Wilkinson — Conunercial  Associa- 
tion in  Philadelphia — Settlement  of  VVasliin^toii,  in  Mason  county — Indian  depre- 
dations— First  Convention — Virsinia  airecs  to  a  separation  of  Kentucky — Clark'f 
unfortunate  espedition  in  178G — Colonel  Logan's  expedition. 

During  this  comparative  exemption  from  Indian  hostility,  the 
energies  of  Kentucky  were  now  principally  turned  to  the  ac- 
quisition of  land :  this  was  particularly  facilitated  by  the  arri- 

*  Marshall  1, 124. 

M* 


138  HISTORY   OP   KENTTJCKY. 

val  of  Colonel  Thomas  INIarshall,  and  John  May,  as  surveyors 
for  the  new  counties  of  Fayette  and  Jetferson :  these  gentlemen 
opened  their  offices  late  in  November,  1782,  having  been  de- 
la)'ed  by  the  grand  expedition  under  General  Clark.  One 
office  was  opened  at  Lexington,  and  another  at  Coxe's  station, 
in  Jefferson  county,-  the  third  has  been  already  mentioned. 
Here  commenced  that  scramble  for  land,  which  has  distressed 
and  desolated  society  in  Kentucky  almost  as  calamitously,  as 
pestilence  or  famine.  The  oi'iginal  source  of  the  misfortune 
was,  leaving  the  survey  of  the  country  to  individuals,  and 
not  doing  it  by  public  authority.  Could  the  public  lands  of 
Virginia  have  been  delayed  in  their  survey  and  sale,  until  they 
had  been  laid  off  by  public  appointment,  how  happily  might 
the  claims  of  her  regular  soldiers,  and  her  irregular,  though 
scarcely  less  useful  pioneers,  in  another  field  of  her  service, 
have  been  satisfied  !  The  residue  might  have  been  snatched 
from  the  speculator  and  offered  in  open  market  for  the  benefit 
of  her  treasury.  But  other  counsels  prevailed,  and  Kentucky 
was  opened  to  the  conflicting  claims  of  innumerable  locators 
and  surveyors,  producing  a  labyrinth  of  judicial  perplexities, 
through  which  it  became  necessary  to  pursue  the  landed  pro- 
perty of  the  country,  to  place  it  in  a  state  of  security.  It  is  not 
known  what  States  besides  those  of  New  England,  made  their 
sales  of  land  upon  previous  public  surveys.  This  system  was 
adopted  so  early  as  the  20!h  I\Iay,  17^5,  in  regard  to  the  public 
landsof  the  United  Stales,  and  has  most  wisely  been  observed 
to  this  day. 

On  the  subject  of  the  legal  condition  of  Ian  !ed  estate  in  Ken- 
tucky, the  preface  to  Chief  Justice  Bibb's  Reports;  affords  a 
sketch  drawn  by  the  hand  of  a  master.  The  melancholy  effects 
on  the  peace  and  prosperity  of  private  citizens,  volumes  could  not 
pourtray.  The  breaking  up  of  favorite  homes,  improved  at  the 
hazard  of  the  owner's  life,  and  fondly  looked  to  as  a  support  for 
declining  age ;  and  a  reward  for  affectionate  children,  swept  away 
by  refinements  above  popular  comprehension,  produced  most 
wide  spread  discontent  and  distress;  promoted  a  litigious  spirit, 
and,  in  some  instances,  a  disregard  of  legal  right  in  general, 
which  had  presented  itself  in  such  odious  and  afllicting  aspects. 


HISTORY   OF   KENTUCKY.  *  139 

The  preliminary  articles  of  peace  between  the  United  States 
and  Great  Britain,  which  had  been  signed  on  the  30th  of  No- 
vember, 1782,  were  *not  known  in  Kentucky  until  the  spring 
of  1783;  a  singular  illustration  of  the  imperfect  intercourse  be- 
tween the  western  section  and  the  other  parts  of  the  country. 
While  this  history  is  writing,  the  ordinary  rate  of  the  mail  from 
Louisville  to  Washington  City,  and  Philadelphia,  is  only  about 
a  week  or  eight  days  to  either  place — showing  the  great  dis- 
parity of  time  between  the  transportation  of  the  mail  now,  and 
at  the  period  to  which  we  have  already  referred. 

This  is  not  the  place  to  expatiate  upon  the  honorable  termi- 
nation, to  the  labors  and  sacrifices  of  the  patriots  and  sages  of 
the  Revolution;  but  the  incidental  operation  which  peace 
produced  on  our  domestic  hostilities,  most  strictly  appertains  to 
the  affairs  of  Kentucky.  The  Indians  alarmed  at  the  approach- 
ing loss  of  their  powerful  allies,  who  had  fed,  and  clothed,  and 
armed  them  against  their  most  hateful  enemies,  suspended  their 
incursions  into  Kentucky. 

It  must  be  interestinsr  as  connected  with  the  negotiation  of 
peace,  to  observe  the  attempts  which  were  so  artfully  urged,  to 
sever  Kentucky  from  the  rest  of  the  confederacy ;  and  to  no- 
tice how  ably  they  were  repelled.  The  first  step  in  this  in- 
sidious intrigue  was  taken  by  Count  Lucerne  at  Philadelphia, 
in  conformity  with  instructions  from  Count  de  Vergennes,  the 
French  Minister  of  State.  On  the  arrival  of  the  former  gen- 
tleman, he  lost  no  time  in  pressing  jon  Congre-s  certain  in- 
structions for  their  ministers  at  Paris,  pursuant  to  the  following 
ideas :  1 .  "  That  the  United  States  extend  to  the  westward  no 
farther  than  settlements  were  permitted  by  the  British  procla- 
mation of  1763;"  2.  '-'That  the  United  States  do  not  consider 
themselves  as  having  any  right  to  navigate  the  Mississippi,  no 
territory  belonging  to  them, being  situated  thereon;"  3.  "That 
the  settlements  east  of  the  Mississippi"  (embracing  Kentucky 
with  her  southern  neighbors)  "which  were  prohibited  as  above, 
are  possessions  of  the  crown  of  Great  Britain,  and  proper  ob- 
jects against  which  the  arms  of  Spain  may  be  employed  for 

•  Marshall  1, 155.  t  Piikin  II,  SB. 


140  HISTORY    OF   KENTUCKY. 

the  purpose  of  making  a  permanent  conquest  for  the  Spanish 
crown."     In  consequence  of  adverse  events  happening  to  the 
American  arms,  Congress,  on  the  motion  of  the  delegates  from 
Virginia,  authorized  by  a  resolution  of  the  Legislature  in  1781, 
and  assented  to  by  all  the  southern  States  with  the  exception  of 
North  Carolina,  *instructed  Mr.  Jay,  their  minister  at  Madrid, 
"  no  longer  to  insist  on  the  free  navigation  of  the  Mississippi 
below  the  southern  boundary  of  the  United  States."  Still  these 
concessions  were  fruitless,  and  Spain  would  neither  acknow- 
ledge American  Independence,  nor  form  any  treaty;  though  she 
would  jhave  granted  any  money  required  by  the  exigencies  of 
America;  provided  Mr.  Jay  would  have  entered  into  her  favor- 
ite scheme,  of  excluding  all  foreigners  from  entering  the  gulf 
of  Mexico  by  the  rivers  of  the  north.     This  independent  firm- 
ness of  John  Jay,  under  the  pressure  of  bills  drawn  upon  him 
by  Congress  for  half  a  million  of  dollars,  in  expectation  oi^  Spa.n- 
ish  assistance,  must  immortalize  him  among  American  patriots. 
But  notwithstanding  the   failure    of  this  favorite   Spanish 
scheme  at  Madrid,  it  was  pressed  again  at  Paris  by  the  Span- 
ish minister.  Count  Aranda,  supported  by  Count  deVergennes, 
and  his  .secretary,  M.  Rayneval,  with  the  same  happy  result 
upon  the  same  minister.     This  second  failure,  when  supported 
with  the  whole  influence  of  the  French  cabinet,  is  the  more 
astonishing  and  honorable  to  the  character  of  Mr.  Jay;  since 
the   French   minister  at  Philadelphia  had   the  adroitness   to 
persuade    Congress  in  a  moment   of  either  despondency  or 
of  credulous  confidence,   to    instruct   its  ministers   at    Paris 
t"  to  undertake  nothing  in  the  negotiations  for  peace  or  truce, 
without  their  knowledge  and  concurrence,"  meaning  the  con- 
currence of  the  King  of  France,  "  and  ultimately  to  govern 
yourselves  by  their  advice  and  opinion."     A  step  of  degrading 
compliance,  which,  whenever  this  country  may  bo  again  dis- 
posed to  take,  it  had  better  surrender  in  form,  an  independence 
which  she  would  no  lonsrer  retain  in  reality.     Yet  armed  with 
the  perverted  authority  of  their  own  government,  the  Ameri- 
can plenipotentiaries  extricated  themselves  from  the  toils  pre- 

•  Jay'8  Life  1, 120.  t  Pitkin  II,  97.    Idem,  99.  J  Mem,  109. 


HISTORY   OF   KENTUCKY.  141 

pared  for  them  by  a  tbreign  court;  and  by  firm  and  sagacious 
concert,  brought  their  country  out  of  war,  into  peace  and  inde- 
pendence, with  exalted  honor.  Let  us  now  attend  to  some  of 
the  proposals  which  would  have  implicated  the  future  condition 
of  Kentucky  *  The  Secretary  of  the  French  minister  of  State, 
after  a  long  argument  to  show  that  the  rights  of  the  United 
States  were  derived  through  Great  Britain,  and  that  she  had 
acknowledged  the  Indians  as  an  independent  power  belonging  to 
neither  party,  proposed  to  run  the  boundary  on  the  west  to  Fort 
Thoulouse,  ((he  head  of  the  Tombeckbee)  and  then  by  various 
points,  which  the  author  has  been  unable  to  identify  in  our  more 
recent  topography,  to  intersect  the  j*'  Cumberland  river;  whose 
course  is  to  be  followed  until  it  falls  into  the  Ohio.  The  sava- 
ges to  the  west  of  the  line  described,  should  be  free  and  under 
the  protection  of  Spain;''''  "the  lands  situated  to  the  northward 
of  the  Ohio,"  "  7nust  be  regulated  by  the  court  of  LondonP 
Fortunately  these  joint  intrigues  of  France  and  Spain  were 
most  adroitly  counteracted  by  John  Jay  on  his  own  individual 
responsibility;  against  the  opinion  of  Dr.  Franklin,  and  against 
his  own  instructions,  though  ultimately  and  cordially  supported 
by.  both  Franklin  and  the  elder  Adams,  who  joined  the  commis- 
sion some  time  afterwards. 

In  March,  17S3,  an  improvement  of  the  judiciary  in  this  dis- 
tant section  of  the  State,  was  directed  by  the  Legislature  of 
Virginia,  uniting  the  three  counties  into  a  district,  to  be  called 
the  District  of  Kentucky,  with  a  court  of  common  law  and  chan- 
cery jurisdiction  co-extensive  with  its  limits,  and  possessed  of 
criminal  jurisdiction.  The  District  Court  was  opened  at  Ilar- 
rodsburgh  on  the  3d  of  the  month,  by  John  Floyd  and  Samuel 
McDowell  as  judges;  George  Muter  did  not  attend  until  1785, 
the  two  former  appointed  John  ]\Iay  their  clerk.  Walker  Daniel 
was  likewise  appointed  by  the  Governor  of  Virginia,  Attorney 
General  fur  the  District  of  Kentucky.  This  constitutes  the 
third  legislative  alteration  of  Kentucky;  1.  the  county  of  Ken- 
tucky; 2.  the  three  coMM^j'es  sinking  the  name  of  Kentucky; 
and  now,  3.  the  District,  reviving  the  name  of  Kentucky  to 

»  Pitkin  It,  13!>-1<0.  f  State  Papers,  vol.  II,  160. 


142  HISTORY   OP    KENTUCKY. 

go  out,  we  trust,  no  more  forever.  This  commenced  the  higher 
judicial  organization;  *at  this  time,  no  house  at  Harrodsburgh 
could  conveniently  accommodate  the  court;  and  it  adjourned  to 
a  meeting-house  near  the  Dutch  station,  six  miles  from  its  place 
of  meeting.  The  Attorney  General  and  clerk  were  directed  to 
fix  on  some  safe  place,  near  Crow's  station,  close  to  the  present 
town  of  Danville,  for  h  )lding  the  court;  they  were  authorized 
to  procure  a  log  house  to  be  built  large  enough  to  accommodate 
tlie  court  in  one  end,  and  two  juries  in  the  other;  they  were 
likewise  authorized  to  contract  for  building  a  jail  of  hewed  or 
sawed  logs,  at  least  nine  inches  thick.  This  arrangement  for 
buildings,  so  suitable  to  the  poverty  of  the  mechanic  arts  at  this 
time,  gave  rise  to  the  town  of  Danville ;  which  continued  the  seat 
of  the  District  Court,  and  was  the  place  of  meeting  for  all  the 
early  public  assemblies  of  Kentucky.  Yet  this  ancient  town, 
if  any  thing  artificial  in  Kentucky  is  entitled  to  the  name,  has 
by  some  strange  juggle  of  political  intrigue,  ceased  to  be  the 
seat  even  of  a  county:  may  its  college  and  its  benevolent  asy- 
lum for  the  deaf  and  dumb,  compensate  the  inhabitants  of  this 
delicious  section  of  Kentucky,  for  the  wayward  tricks,  of  which 
tliey  have  been  made  the  victims.  Society  now  rapidly  assum- 
ed the  character  of  older  and  riper  communities.  A  fertile  soil, 
liberty  and  peace,  soon  spread  their  benign  effects  over  the 
land.  In  consequence,  the  fields  smiled  with  the  heavy  crops; 
cattle  and  hogs  throve  in  the  rich  range  of  the  woods  to  an  as- 
tonishing degree.  Emigrants  diffused  considerable  money,  and 
labor  was  well  rewarded.  Mechanics,  divines,  and  school- 
masters, fast  followed  to  fill  up  the  picture.  Several  crops  of 
wheat  were  raised  on  the  south  side  of  the  Kentucky  river; 
some  distilleries  were  erected  for  the  distillation  of  spirits  from 
Indian  corn.  This  year  was  likewise  distinguished  by  the  open- 
ing of  wesiorn  trade  with  the  fair  and  opulent  city  of  Philadel- 
phia, by  Daniel  Broadhead,  who  brought  merchandise  from 
that  place  in  wagons  to  Pittsburgh,  and  thence  in  boats  to 
Louisville;  where  it  was  offered  for  sale,  and  thus  established, 
it  is  believed,  the  first  store  in  the  State  for  the  sale  of  foreiga 

*  Marihall  1, 15T. 


niSTOET  OF  KENTUcKr.  143 

merchanclisc.  In  Philadelphia  were  formed  several  companies 
of  land  speculators,  who  converted  their  hordes  of  paper  money 
into  Virginia  land  warrants;  and  added  a  new  impulse  to  a  tide 
already  at  the  flood.  A  commercial  association  had  likewise 
been  formed  at  the  above  place ;  the  active  partner  of  which, 
was  James  Wilkinson,  afterwards  so  prominent  in  western 
affairs;  who  in  February,  1784,  arrived  in  Lexington.  So  im- 
pressive and  influential  were  the  movements  of  this  gentleman, 
though  only  in  private  life,  that  they  constitute  quite  an  era  in 
the  history  of 'Kentucky.  The  conclusion  of  the  definitive  treaty 
of  peace  which  was  signed  at  Paris,  in  September,  1783,  (but 
the  ratification  of  the  parties  not  exchanged  until  May,  1784,) 
it  was  fondly  hoped  would  have  immediately  led  to  the  surren- 
der of  the  British  posts  on  the  lakes,  and,  in  consequence,  to  a 
control  over  the  conduct  of  the  Indians;  this,  whether  they 
have  been  in  French,  British,  or  American  hands,  has  always 
followed  that  event.  Mutual  complaints  of  infractions  of  the 
treaty,  and  unfortunately  as  well  grounded -against  Virginia, 
for  suspending  the  collection  of  British  debts  in  her  courts;  as 
against  Great  Britain,  for  retaining  forts  within  the  acknow- 
ledged limits  of  the  United  States;  protracted  the  execution  of 
the  treaty.  In  the  meantime  the  Indians  perceiving  the  fron- 
tier fortifications,  (which  must  strike  them  as  tlie  most  palpable 
marks  of  power.)  still  in  the  hands  of  theii*  old  friends;  neces- 
sarily relied  upon  the  continuance  of  their  protection  against 
the  Americans.  This  was  too  readily^flbrded  by  the  agents  and 
subjects  of  the  British  government;  particularly  those  who 
were  interested  in  jetaining  a  monopoly  of  the  fur  trade. 
Truth  likewise  compels  the  acknowledgment,  that  many  indi- 
viduals in  Kentucky  displayed  a  rcv.engeful  hostility  to  the 
Indians,  not  at  all  short  of  their  own  ferocity  to  the  whites.  In 
one  instance  a  friendly  Indian  is  said  to  have  been  seduced 
into  the  woods  by  a  while  man  and  secretly  murdered;  yet  the 
.punishment  of  the  law  could  not  be  inflicted  upon  the  offender, 
owing  to  the  popular  resentment  against  the  old  enemies  of  the 
■whites,  and  their  unjustifiable  sympathy  with  a  shcdder  of  inno- 
cent human  blood.     The  effect  of  this  winking  of  the  laws  of 


144  HISTORY   OF   KEXXrCKT. 

the  white  man,  over  his  offences  against  his  red  brother,  is  said 
to  have  been  instantaneous,  "the  amicable  parties  of  Indians 
ceased,  confidence  was  lost,  friendly  intercourse  abated,"  and 
retaliation  became  the  only  appeal.  It  soon  lighted  up  a  re- 
newal of  hostilities  on  the  frontiers,  for  which  it  must  never 
be  forgotten  in  a  just  estimate  of  these  wars,  the  Indians  were 
predisposed  by  nearly  two  centuries'  encroachments  of  white 
men  on  every  thing  dear  to  the  very  nature  of  the  aborigines. 
Previous  to  again  entering  on  another  portion  of  our  san- 
guinary annals,  it  will  be  interesting  to  notice  tha  extension  of 
our  pacific  domain,  and  the  improvement  of  our  social  comforts. 
Hitherto  that  part  of  Kentucky  lying  north  of  Licking  river 
had  remained  unsettled,  as  it  was  deemed  dangerous  from  its 
contiguity  to  ':he  northern  Indians.  Indeed,  sui'veys  had  been 
suspended  in  t'lis  section  of  the  District,  by  order  of  the  princi- 
pal surveyor;  they  were  afterward  resumed,  and  again  suspend- 
ed, by  the  appearance  of  Indian  sign.  Simon  Kenton,  how- 
ever, after  an  a.?sence  of.  nine  years,  repossessed  himself  of 
the  improvement  formerly  mentioned,  made  in  1775,  by  this 
most  wayward  and  enterprising  man,  near  the  present  town  of 
Washington,  at  the  ]iead  of  Lawrence's  creek.  Indian  invasion 
was  now  threatened  in  a  new  direction;  hithert  >  the  hostile 
incursions  had  come  from  the  north;  but  information  was  given 
Colonel  Logan,  that  some  of  the  Cherokee  tribes  meditated  an 
invasion  of  the  southern  frontiers;  while  hostile  intentions 
were  demonstrated  by  the  northern  tribes.  These  alarming 
circumstances  in  the  autumn  of  1784,  induced  the  Colonel  to 
procure  a  meeting  of  the  citizens  at  Danville,  to  adopt  mea- 
sures for  tlie  public  security.  Upon  taking  the  situation  of  the 
District  into  consideration,  this  assembly  discovered  that  no 
legal  authority  existed  here  to  cail  out  the  militia  for  offensive 
purposes;  there  was  no  magazine  of  arms  or  ammunition  be- 
yond private  suj)plics;  nor  any  provisions  or  public  funds  to 
purchase  them.  The  property  of  individuals  was  no  longer 
in  a  time  of  peace,  subject  to  be  impressed  as  during  the  late 
state  of  war;  moreover,  the  government  of  the  state,  that  had 
already  complained  of  expense,  might  refuse  to  pay  for  the 


HISTOEY   OP   KENTUCKY.  145 

expedition,  or  "even  to  compensate  for  real  losses."  Under 
these  embarrassments,  the  military  expedition  was  abandoned, 
and  fortunately;  for  whatever  might  have  been  the  correctness 
of  the  intelligence  communicated  to  Colonel  Logan,  no  invasion 
by  southern  Indians  was  made  this  year.  The  meeting,  how- 
ever, produced  an  effect  much  more  important  to  the  welfare 
of  Kentucky  than  any  temporary  military  party  could  have 
done;  for  in  consequence  of  the  discovery,  which  it  had  made 
of  the  want  of  suitable  legal  and  political  organization  for  the 
necessary  purposes  of  so  insulated  a  community,  it  was  thought 
advisable  to  invite  a  convention  of  the  representatives  of  the 
whole  district,  in  the  next  ensuing  month.  This  assembly 
might,  it  was  hoped,  make  an  imposing  and  effectual  appeal  to 
the  Legislature  of  the  State,  upon  these  subjects  of  deep  con- 
cern to  Kentucky.  To  effect  this  first  of  our  formal  conven- 
tions, (though  the  second  in  fact)  the  meetmg  addressed  a  writ- 
ten circular  to  each  militia  company,  recommending  it  to 
elect  one  representative  to  meet  at  Danville,  our  temporary 
capital,  on  the  27th  of  December,  1784.  The  invitation  was 
complied  with,  and  the  representatives  assembled  in  conformity 
with  it  :  they  organized  themselves  into  a  convention  by  elect- 
ing Samuel  McDowell,  President,  and  Thomas  Todd,  clerk; 
and  then  proceeded' to  business.  In  a  session  "  conducted  with 
much  decorum,"  which  is  indeed  a  national  characteristic  of  our 
public  assemblies,  it  was  thought  that  many  of  the  grievances  of 
the  district,  might  be  remedied  by  suitable  acts  of  the  Virginia 
Legislature;  while  others  of  the  greatest  magnitude  involving 
the  military  defence,  originated  in  the  great  distance  of  tho 
country  from  the  seat  of  the  State  government.  These  latter 
mischiefs  could  only  be  removed  by  a  separation  of  the  district 
from  the  parent  commonwealth;  and  its  erection  into  an  equal 
and  independent  member  of  the  American  confederacy.  This 
latter  opinion  finally  prevailed  by  a  decided  majoritv,  and  it 
was  reduced  to  a  resolution,  *"  in  favor  of  applying  for  an  act 
to  render  Kentucky  independent  of  Virginia."  Still,  with  the 
deference  due  to  the  feelings  and  interests  of  a  free  people, 

»  Marshall  1, 191. 

N 


146  HISTORY   OP   KENTUCKY. 

which  is  the  very  essence  of  republican  and  popular  govern- 
ment; and  as  the  representatives  to  this  convention  were  not  ex- 
pressly elected  with  a  view  to  so  fundamental  a  political  change 
as  was  now  contemplated,  the  convention  forbore  to  make  the 
application  to  Virginia.  It,  however,  earnestly  recommended 
the  measure  to  the  district,  and  likeAvise  at  the  ensuing  April 
elections  for  members  of  the  State  Legislature,  to  elect  represen- 
tatives to  meet  in  convention  in  the  ensuing  May.  This  second 
convention  was  expressly  charged  with  an  interesting  question, 
and  one  hitherto  untried  even  in  the  school  of  American  poli- 
tics, (rich  as  it  is,  in  experiments;)  it  was  that  of  considering 
and  detennining  the  expediency  of  a  separation  of  Kentucky 
from  Virginia,  and  applying  to  its  Legislature  for  their  consent 
to  the  measure.  Our  confederacy  had  not  yet  exhibited  this 
process  of  moral  swarming  in  mutual  harmony  and  peace; 
which  has  since  been  so  often  repeated,  as  to  have  familiarized 
our  minds,  to  the  grandeur  of  the  political  operation;  one  un 
known  to  the  annals  of  the  eastern  continent.  Strange  to  re 
late,  at  this  time,  abundantly  as  the  press  has  since  been  dif- 
fused, wide  as  Volney  remarks,  as  American  settlements;  none 
yet  existed  in  Kentucky.  The  circular  address  of  the  convea- 
tion  of  "84,  to  the  people  of  the  district  was,  therefore,  a  written 
one:  the  members  to  be  chosen  are  said*  to  have  been  twenty- 
five,  which  were  divided  among  the  three  counties  according 
to  their  svpposed  population.  This  autumn  is  remarkable  for  a 
great  accession  to  the  population  of  the  district,  and  the  supe- 
riority of  its  character;  the  effect  was  instantaneous  in  stretcli- 
ing  out  the  j^ontiers,  and  enlarging  a  safe  interior.  The  In- 
dians, too,  are  said  to  have  very  sensibly  relaxed,  even  in  their 
predatory  warfare.  With  January,  1785,  the  county  of  Nelson 
was  created  out  of  all  that  part  of  Jefferson  county,  south  of  Salt 
river.  On  the  ensuing  March,  the  death  of  Elliott,  who  had  re- 
cently settled  at  the  mouth  of  Kentucky  river,  the  burning  of 
his  house  and  dispersion  of  his  family,  struck  the  country  with 
no  little  alarm:  it  was  interpreted  by  its  indications  of  future 
i;oneocj-uences,  rather  than  the  immediate  effects,  desolating  ai 

*  Marshall  I,  ]93. 


HISTORr   OF   KENTUCKY.  147 

tbey  were  to  a  family,  as  innocent  as  their  countrymen  at  large. 
April  brought  the  double  elections  for  members  of  the  Legisla- 
ture of  Virginia,  and  for  a  second  convention  at  Danville.  By 
the  23d  of  May,  the  members  again  assembled  at  their  former 
place  of  meeting,  and  organized  themselves.  The  decorum  of 
the  public  proceedings  of  this  assembly,  as  well  as  that  of  the 
cojiduct  of  the  attending  citizens ,  are  particularly  remarked  by 
our  first  and  venerable  historian.  The  result  of  their  delibera- 
tions will  be  found  in  the  following  recommendations. 

1st.  "  Resolved,  unanimously,  as  the  opinion  of  this  conven- 
tion, that  a  petition  be  presented  to  the  assembly,  praying  that 
this  disti'ict  may  be  established  into  a  State  separate  from  Vir- 
ginia;" and,  2dly,  That  another  convention  be  elected  to  meet 
at  Danville  in  the  second  Monday  of  August,  "  to  take  farther 
under  their  consideration  the  state  of  the  district."    By  a  third 
resolution,  the  conventi'-n  recommended  " that  the  election  of 
deputies  for  the  proposed  cenvention,  ought  to  be  on  the  princi- 
ples of  equal  representation;"  by  numbers,  it  is  presumed,  ae 
the  representation  of  Vii-ginia  was  founded  on  the  territorial 
principle,  in  disregard  of  population.     This  early  and  unani- 
mous indication  of  the  democratic  or  popular  spirit,  in  one  of 
the  earliest  public  assemblies  of  Kentucky,  is  a  faithful  key  to 
her  political  complexion.  The  fervor  of  our  Slate  character  with 
difiiculty  suspects,  that  this  spirit  may  be  carried  to  extremes; 
similar  to  those  which  hurried  the  republics  of  history  to  an 
early  tomb,  in  the  embraces  of  military  usurpation.     Not  that 
the  author  controverts  this  particular  application  of  the  princi- 
ple of  equality;  for  he  believes,  that  no  excellence  of  organi- 
zation, no  nice  adjustment  of  parts,  with  all  the  skill  of  political 
architecture,  can  protect  any  people  against  their  own  io^no- 
rance  and  vice.     The  most  complex,  as  well  as  the  simplest 
fabrics  of  political  science,  must  receive  their  character  from 
that  of  their  tenants  and  occupants,  and  not  from  the  inanimate 
materials  of  which  they  are  compcsed.     It  is  not,  therefore,  of 
much  import  on  principle,  that  a  few  more,  or  a  few  less,  should 
be  admitted  to  the  right  of  suffrage  under  a  political  constitu- 
tion; since  ther^  must  be  an  overruling  mass  of  virtue  and  in- 


148  HISTORY   OP   KENTITCKY. 

telligence  to  constitute  the  conservative  power  of  society. 
While  ail  exchision  of  large  classes,  independent  of  universal 
disqualifications,  such  as  minority,  want  of  residence,  &c., 
keeps  up  a  constant  excitement  of  discontent  and  ill-blood  in 
the  community,  much  more  mischievous,  than  the  admission  of 
all  to  a  political  voice  in  the  management  of  those  affairs,  which 
they  may  be  called  upon  to  defend,  with  their  blood  and  their 
lives. 

It  appears  at  this  time  rather  singular,  that  this  convention 
in  a  spirit  of  dependence  and  passiveness,  apparently  uncalled 
for  by  their  delegated  authority,  should  decline  acting  efficient- 
ly and  promptly  under  the  powers  which  were  so  expressly 
conferred  upon  them  by  their  choice,  under  the  express  call  of 
the  previous  assembly  in  December,  '84;  but  should  again 
weary  the  patience,  and  disappoint  the  reasonable  expectations 
of  the  community,  by  referring  the  question  of  separation  to 
another  convention.  The  members  of  this  third  convention 
were  apportioned  among  the  counties  by  comparison  of  muster 
rolls,  and  the  recollection  of  members,  (for  as  yet  no  census 
had  been  taken)  in  the  following  ratio:  the  county  of  Jefferson 
to  have  six;  that  of  Nelson,  six;  that  of  Lincoln,  ten;  and  of 
Fayette,  eight  representatives.  They  adopted  a  petition  to 
Virginia,  and  likewise  an  address  to  the  people  of  the  district, 
which  will  be  found  in  the  appendix.  The  latter  presents  an 
interesting  picture  of  the  domestic  state  of  Kentucky.  The 
recommendation  of  another  convention  was  again  regarded  upon 
the  part  of  the  people,  and  on  the  8th  of  August,  178G,the  assem- 
bly met  at  Dunvillc;  they  again  chose  Samuel  McDowell  their 
President.  This  body  after  having  deliberated  some  time, 
came  to  the  following  resolution  unanimously,  which  was  re- 
ported by  George  IMuter,  as  chairman ;  "that  it  is  the  indispen- 
sable duty  of  the  convention  to  make  application  to  the  Gene- 
ral Assembly  at  the  ensuing  session,  for  an  act  to  separate  this 
district  from  the  present  government  forever,  on  terms  honora- 
ble to  both,  and  injurious  to  neither."  This  resolution,  and  its 
eloquent  preamble,  were  followed  by  an  address  to  tlic  Leg- 
islature of  Virginia,  and  the  people  of  the  district,  in  a  style  of 


HISTORY   OP   KEXTUCKr.  ^T    14& 

dignity  and  ornament,  yet  unprecedented  in  the  public  pro- 
ceedings of  Kentucky.     They  were  certainly  the  production  of 
General  Wilkinson,  at  the  time  in  question,  a  member  of  the 
convention.     This  gentleman,  whose  emigration  to  the  district 
has  been  noticed,  now  began  to  act  a  part  of  leading  importance 
in  the  history  of  Kentucky;  indicative  of  the  distinguished 
figure,  which  his  impressive  powers  as  a  fine  writer,  his  mili- 
tary service,  anddistinguishcd  abilities,  enabled  him  to  exhibit 
in  the  affairs  of  the  nation.     It  will  be  perceived,  that  there  is 
in  these  papers,  an  elevation  of  political  ideas,  richly  dressed  in 
appropriate  composition;  nor  should  any  political  imputation 
rest  upon  them,  as  has  been  insinuated,*  because  thii  assembly 
petitioned  for  '•"  sovereignty  and  independence."     Sovereignty 
Avas  much  more  consistently  the  attribute  of  the  members  of 
the  old  confederation,  than  those  of  the  present  constitutional 
Union.  That  there  is  exaggeration  of  practical  grievances  may 
be  admitted;  for  what  orator  can  deign  to  restrain  his  imagina- 
tion within  a  vulgar  and  sterile  state  of  facts?     What  painter 
will  always  touch  after  nature,  and  put  on  no  tints  finer  than 
those  of  Jier  pencil?     Besides  the  General  was  writing  for  an 
ardent  and  high  tempered  people,  who  would  readily  disdain  a 
tame  and  frigid  memorial,  as  evincing  an  abandonment  of  their 
rights,  or  ^.t  least,  an  insensibility  to  their  value.     George 
Muter,  who  was  Chief  Justice,  and  Harry  Innes,  then  the 
Attorney  General,  on  the  death  of  Walker  Daniel,  were  or- 
dered to  present  the  petition  to  the  Legislature  of  Virginia, 
and  to  support  it  before  that  body.  The  county  of  Bourbon  A^'as 
this  year  laid  off" from  Fayette;  and  the, counties  of  Mercer  and 
Madison  from  Lincoln ;  enlarging  the  counties  of  the  district 
to  seven.     The  Legislature  of  Virginia  received  the  petition  of 
Kentucky  with  the  liberality,  which  has  generally  marked  that 
magnanimous  State.    It  passed  an  act  providing  for  the  election 
on  the  ensuing  August,  by  Ski^fecc  iclixle  male  inhabitants  of  the 
district,  of  five  representatives  from  each  of  the  counties;  who 
should  determine  whether  it  be  expedient  for,  and  the  will  of  the 
good  people  of  the  district,  that  it  should  be  erected  into  an  mdc- 

»MarsI)nllI,215. 


150  HISTORY   OF   KENTUCKY. 

pendent  State  on  certain  conditions.  It  was,  moreover,  enacted, 
that  if  the  convention  should  approve  of  separation,  a  day 
should  be  appointed  posterior  to  the  1st  of  September,  1787, 
when  the  authority  of  Virginia  should  cease;  provided  that  the 
Congress  should  prior  to  the  1st  of  June,  1787,  assent  to  said 
separation,  relieve  Virginia  from  her  federal  obligations  ai'ising 
therefrom,  and  admit  the  said  State  into  the  federal  Union. 
Military  expeditions  against  the  Indians,  whose  hostilities  had 
again  broken  out,  (an  account  of  which  will  appear  in  their 
proper  place,)  prevented  the  attendance  of  a  quorum  of  this 
fourth  convention ;  in  consequence  of  which,  a  portion  of  the 
body,  calling  itself  a  committee,  forwarded  to  Mr.  John  Mar- 
shall, (the  present  venerable  and  pre-eminent  Chief  Justice  of 
the  United  States)  a  memorial  to  be  laid  before  the  Legislature, 
reciting  these  embarrassments,  and  praying  an  alteration  of 
terms  in  the  separating  act.  This  memorial  was  granted, 
according  to  its  prayer;  an  act  in  conformity  was  passed,  and 
arrived  at  Danville  in  January,  1787,  after  a  formal  vote  had 
been  taken  in  favor  of  the  separation;  and  thus  fell  the  fourth 
convention  of  Kentucky  on  the  subject  of  separation,  to  give 
birth  to  a  fifdi.  JMr.  Marshall,  to  whom  the  memorial  had  been 
transmitted,  addressed  a  letter  to  the  convention  explanatory  of 
the  course  taken  by  the  parent  commonwealth.  The  most  im- 
portant of  these  reasons  was,  that  the  delay  in  executing  the 
act  of  Virginia,  had  rendered  it  impracticable  to  obtain  the 
assent  of  Congress,  before  June,  1787.  The  new  act  of  Vir- 
ginia continued  its  assent  to  the  separation;  but  required  a 
convention  to  be  re-elected  by  the  ensuing  August,  and  to  sig- 
nify its  assent  to  the  political  divorce  by  a  majority  of  two- 
thirds;  its  operation  was,  moreover,  postponed  until  the  1st  of 
January,  1789.  Thus  then  had  the  people  of  the  district  been 
tantalized  from  December,  '84,  to  January,  '89,  tossed  from 
one  political  assembly  to  another,  and  finally  their  most  inter- 
esting feelings  and  passions  kept  in  an  agitation,  easy  to  ba 
conceived.  It  is,  indeed,  a  high  and  honorable  proof  of  politi- 
cal order  and  subordination  in  Kentucky,  that  so  impetuous  a 
people,  should  under  circumstances  of  such  irritation  and  disap- 


HISTORY   OP   KJJNTUCKT.  151 

pointment,  have  preserved  the  peace  oi*  the  State ;  and  this,  at 
an  extremity  of  the  territory  of  Virginia,  almost  inviting  to  for- 
cible separation,  in  defiance  of  such  repeated  mockery  of  their 
expectations. 

Two  additional  sources  of  agitation  now  began  to  shec".  their 
influence  on  the  public  mind;  1st.  The  Indian  hostilities;  and 
2dly,  Apprehensions  respecting  the  navigation  of  the  Missis- 
sippi. 

In  regard  to  the  first,  depredations  continued  to  be  made  by 
the  Indians  on  the  frontiers.  From  '83  to  '90,  a  little  later  than 
the  time  of  this  portion  of  the  history,  '-fifteen  hundred  persons, 
including  women  and  children  had  been  killed  or  taken  prison- 
ers by  the  enemy,  south  of  the  Ohio ;  besides  taking  two  thou- 
sand horses  and  property  to  the  amount  of  fifty  thousand  dol- 
lars ;"*  to  punish  these,  or  in  the  more  lordly  style  of  other  par- 
ties, to  take  "  satisfaction  for  the  past,  and  indemnity  for  the 
future,"  an  expedition  was  resolved  upon  under  their  old  and 
favorite  leader,  General  Clark,  from  Louisville.  About  a  thou- 
sand men  assembled  at  the  place  of  rendezvous,  and  their  pro- 
visioris  in  nine  keel-boats,  were  despatched  down  the  Ohio,  to 
ascend  the  Wabash  as  high  as  Vincennes,  for  which  point  the  ex- 
pedition marched.  On  assembling  in  the  neighborhood  of  this 
place  in  October,  1786,  the  tp^irty  lay  for  nine  days  waiting  the 
arrival  of  theie  transports,  which  had  been  delayed  by  the  low 
water  of  the  Wabash,  until  half  of  the  provisions  was  spoiled; 
and  the  portion  which  accompanied  the  expedition  exliausted,  ex- 
cept a  few  bullocks.  This  delay  provefl  most  fatal  to  the  expe- 
dition; with  irregular  troops,  inactivity  is  equivalent  to  defeat. 
A  spirit  of  discontent  soon  manifested  itself  in  camp,  even  be- 
fore the  arrival  of  the  boats,  and  before  the  state  of  the  supplies 
was  known;  afterwards  it  showed  itself  more  openly.  The 
absence  of  Colonel  Logan  may  have  contributed  to  this  with 
his  immediate  followers,  and  who  might  otherwise  have  been 
preserved  in  subordination.  The  army  (if  not  too  magnifi- 
cent a  term,)  was  placed  upon  short  allowance,  and  marched 
toward  the  Indian  towns,  which  were  the  object  of  the  attack. 

*  Judge  iDnes  in  Political  Transactions.  t  Marsliall  1, 248. 


J52  HISTORY  OP  EENTUCKY, 

A  flag  of  truce  was  despatched  to  the  Indians  (it  is  said,  rather 
doubtingly  by  Mr.  Marshall)  with  the  offer  of  peace  or  war. 
Such  an  offer  is  so  inconsistent  with  the  usages  of  Indian  war- 
fare, in  which  surprise  is  so  essential  a  feature,  that  it  throws 
some  discredit  on  the  relation.     Unless  General  Clark  might, 
in  a  state  of  peace,  and  in  the  difficulty  of  discriminating  one 
tribe  from  another,  have  felt  himself  bound  to  make  this  depar- 
ture from  his  former  most  successful  practice.     It  is  also  true, 
that  General  Wayne  in  time  of  war  sent,  at  great  hazard,  re- 
peated flags  to  the  Indians,  in  order  to  bring  them  to  terms. 
Whatever  may  have  been  the  fact,  this  measure  on  the  part  of 
the  General,  in  addition  to  the  want  of  provisons,  is  represented 
to  have  converted  previous  restlessness,  into  positive  disaffec- 
tion, "fomented  by  some  officers  of  rank,  who  were  displeased 
with  the  General."     This  state  of  things  eventuated  in  threo 
hundred  men  deserting  in  a  body,  when  but  two  days  march 
from  the  Indian  villages.     In  vain  the  gallant  veteran,  who 
had  never  yet  led  his  countrymen  to  defeat,  addressed  the 
mutineers  "  in  the  most  soothing  and  earnest  terms  of  entreat)- 
to  stay;"  in  vain  the  noble  soldier  "shed  tears"  over  the  dis- 
graceful conduct  of  his  men,  which  he  must  have  felt  blighting 
to  his  own  fame.     The  evil  spirit  of  discontent  had  got  posses- 
sion of  the  troops,  and  they  obstinately  returned  home,  without 
having  seen  an  enemy,  or  struck  a  blow.     Still  there  was  a 
residue  left  greater,  enormously  greater  than  many  a  gallant 
band,  that  had  penetrated  in  earlier  times  into  the  very  heart 
of  the  Indian  country;  spreading  dismay  and  destruction  betora 
it.     But  something  was  wanting  on  this  expedition,  more  essen- 
tial than  numbers;  without  which  the  largest  numbers,  only 
increase  the  spoil  of  an  enemy ;  it  was  a  manly  and  patriotic 
subordination  to  orders,  and  an  honorable  confidence  of  the  mea 
in  their  officers,  and  of  officers  in  their  commander.     Never 
had  General  Clark  led  so  unfortunate  a  party;  hitherto  victory 
seemed  to  have  hung,  with  delight  upon  his  banner;  and  for 
him  to  appear  was  to  conquer  all  opposing  difficulties.     At  the 
same  time,  mournful  as  the  truth  is,  and  reluctantly  as  th« 
r«cord  is  wrung  from  the  author,  General  Clark  was  no  longer 


HISTORY  or  KTiyrvcKr.  153 

the  same  man,  as  the  conqueror  of  Kaskaskia,  and  the  captor 
of  Vinccnnes.  The  mind  of  General  Clark  was  wounded  by 
the  neglect  of  the  Government  of  Virginia  to  settle  his  accounts 
for  his  great  expeditions,  which  had  stretched  the  republic  to 
the  Mississippi.  Private  suits  had  been  brought  against  him 
for  public  supplies,  which  ultimately  swept  away  his  private 
fortune;  and  with  this  injustice,  the  spirits  of  the  hero  fell,  and 
the  General  never  recovered  those  energies  which  had  stamped 
him  in  the  noblest  mould  of  a  hero.  At  the  same  time  it  is  leered, 
a  too  ready  and  too  extensive  conviviality  contributed  its  mis- 
chievous effects.  Clark,  however,  like  himself,  is  said  to  have 
*been  opposed  to  waiting  at  Vincennes;  the  radical  error  in 
the  expedition ;  but  he  advised  an  immediate  march  with  the  pro- 
visions and  the  ammunition,  which  they  had  to  the  Wea  towns; 
and  that  the  residue  behind,  should  be  brought  up  by  a  detach- 
ment to  be  left  for  that  purpose.  Such  advice  bespeaks  the 
Generals'  former  energetic  character,  in  previous  expeditions ; 
when  a  little  meal  mixed  with  sugar,  composed  all  the  rations 
of  the  men;  but  to  have  thought  correctly,  was  to  have  acted 
accordingly,  in  the  former  course  of  General  Clark.  Vrhy 
was  it  different  now?  ^Vhere  was  the  overruling  spirit,  that 
had  carried  the  British  cannon  at  the  head  of  his  riflemen? 
The  mournful  answer  is  left  to  be  made  by  every  reader.  Seve- 
ral officers  are  accused  of  having  fomented  the  insubordination 
which  terminated  the  expedition  so  dishonorably. 

The  author  may  not  forbear  while  incidentally  on  the  inter- 
esting subject  of  General  Clark,  to  quote  the  tribute  to  his  high 
merits,  by  Buckongahelas,  the  head  war-chief  of  the  Delawares, 
at  Fort  Mcintosh,  in  1785 ;  where  Clark  attended  as  a  commis- 
sioner to  treat  with  the  Indians,  assisted  by  Arthur  Lee  and 
Richard  Butler.  AVhen  the  peace-chiefs  had  addressed  the 
commissioners,  jBuckongahelas,  not  deigning  to  notice  the  col- 
leagues of  Clark,  took  the  latter  by  the  hand,  and  said,  "I  thank 
the  Great  Spirit  for  having  this  day  brought  together  two  such 
great  warriors,  as  Buckongahelas  and  General  Clark." 

»  Captain  B.  Gainc'd  letter  to  the  author.  t  Memoirs  of  Harriaon  82,  note  2. 


154  HISTORY   OP   KENTUCKY. 

A  more  fortunate  issue  attended  the  expedition  of  Colonel 
Logan,  who  had  been  detached  by  General  Clark  from  his 
camp  at  Silver  creek  opposite  to  Louisville,  to  return  to  Ken- 
tucky, and  raise  as  expeditiously  as  possible  another  party  to 
go  against  the  Shawnees  whose  attention,  it  was  supposed, 
would  be  engaged  by  the  Wabash  expedition.  Logan  repaired 
home,  and  soon  returned  with  *"  a  competent  number  of  mount- 
ed riflemen."  On  this  rapid  expedition,  a  town  of  the  Shaw- 
nees was  burned,  a  hw  warriors  killed,  and  a  number  of 
women  and  children  brought  away  prisoners.  This,  as  usual, 
consoled  the  public  mind  in  some  degree,  for  the  misfortunes  of 
General  Clark.j 


CHAPTER  X. 


Earliest  attempts  at  Navigating  the  Mississippi,  by  Americans— Colonels  R.  Taylor  and 
Linn — Negotiations  lietvveen  Jay  and  Gardoqui — Discontents  at  Pittsburgh,  and  in  Ken- 
tucky— Trade  of  Wilkinson  with  NewOrleans—Susuicions  Of  Ilia  fidelity — FirstNewt- 
paper  in  Kentucky — Constitution  of  the  United  Stales. 

The  attention  must  now  be  directed  to  the  navigation  of  ihe 
Mississippi,  which  at  this  time  began  to  excite  the  public  interest 
from  Pittsburgh  to  Louisville;  these  were  the  extreme  points 
of  any  dense  population,  with  wide  and  fearful  gaps  between. 
Previous  to  narrating  the  agitation  and  intrigue,  which  rapidly 
and  widely  connected  themselves  with  this  tender  subject  of 
western  interest,  some  notice  will  be  taken  of  the  earliest  ex- 
l)erimcnts  in  navigating  this  powerful  and  turbulent  river. 

*  Marshall  1, 231. 

tTliis  e.vpodition  was  proparcrl  in  conformity  t )  rnsoliitions  of  the  inhabitants  of  the 
District,  assembled  at  Danville  some  time  in  178G;  the  month  is  not  mentioned  in  the 
proceedings;  they  are  siitned  by  William  Kennedy  as  chairman.  Those  resolutions, 
toL'Otlier  with  an  order  ofthc  Kxecutivc  of  Virginia,  wore  acted  on  by  the  military  officers 
of  the  District,  who  met  at  Ilarrodsliurgh,  on  the  2(1  of  August,  1780.  These  eentlemen, 
among  other  resolutions,  ji(loi)tcd  one  appointing  ''Ceneral  Ceorge  Eogers  Clark  to  act 
ns  gener.d  oflicer,  and  liiive  llie  command  and  direction  of  the  army  at  this  time,  ordered 
in  ofii'Msive  opiM-ations  ai'ain.^t  our  enemy,  Indians."  'i"he  donlils  wliich  were  enferttiincd 
about  Ihe  lr!!;alily  of  impressments  for  provisiotis,  ^'c,  were  subndtted  by  the  olRccrB  to 
Judgi'S  Muter  and  Wa!la<c,  and  the  Attorney  General  Innes.  'J'bc.se  oliicers  certified  it 
as  their  opinion,  "thai  the  Uxerulive  have  delegated  to  the  field  oliicers  of  this  District  all 
(heir  power"  in  regard  to  impressments, "  and  that  they  have  a  right  to  impress,  if  neces- 
Fary,  all-supplies  for  the  use  of  the  militia,  that  may  iKMallcd  into  service."  This  opiuiou 
K  directed  to  CoIODCl  licnjamin  Logan,  as  rresideiit  ofthc  Hoard  of  officere. 


HISTORY   OF    KENTUCKT.  155 

The  earliest  Anglo-American  enterpi'ises  in  this  direction,  and 
indeed  of  wonderful  boldness,  which  the  author  has  been  able  to 
collect,  are,  1st.  That  of  Colonel  Richard  Taylor,  formerly  of 
the  county  of  Jefferson,  and  often  honored  with  distinguished 
public  trusts.  This  gentleman,  in  company  with  his  brother 
Hancock  Taylor,  both  of  Virginia,  was  at  Pittsburgh  in  1769, 
and  thence  descended  the  Ohio  and  Mississippi  rivers,  to  the 
mouth  of  Yazoo  river.  From  this  point  the  brothers  passed 
through  the  country  of  the  southern  Indians  to  Georgia,  and 
thence  to  Vir^rinia.  This  information  has  been  obtained  from 
a  deposition  of  Colonel  Taylor  in  a  suit  at  law.  The  second 
was  communicated  to  the  author  by  Captain  William  B.  Wal- 
lace, a  most  worthy  veteran  of  the  Revolution,  lately  descended 
to  the  grave,  covered  with  years  and  with  honors:  this  gentle- 
man related  that  John  Whitaker  Willis,  John  Ashby,  and  Wil- 
liam Ballard,  were  engaged  in  the  battle  of  1774,  at  Point 
Pleasant,  and  after  the  engagement  visited  Kentucky.  ,  That 
being  afraid  to  return  by  the  usual  route,  they  hollowed  out  a 
pirogue  (formed  out  of  the  body  of  a  large  tree)  and  passed 
down  the  rivers  to  New  Orleans.  From  this  port  the  party 
made  its  way  to  Pensacola;  here  they  w^ere  assisted  by  the 
British  Governor,  and  were  conveyed  round  to  Charleston,  in 
South  Carolina.  Ashby  was  of  Fauquier  county,  in  Virginia; 
Willis,  of  Stafford;  both  neighbors  of  Captain  Wallace,  in  Vir- 
ginia. The  next  effort  at  this  perilous  navigation  was  made 
*by  Colonels  Gibson  and  Linn,  the  latter  the  grand-father  of 
the  present  Dr.  Linn,  of  St.  Louis,  now  in  the  Senate  of  the 
United  States  from  Missouri. 

These  gentlemen  descended  the  Mississippi  in  1776  from 
Pittsburgh  to  New  Orleans,  by  the  orders  of  Virginia,  it  is  pre- 
sumed, in  order  to  obtain  military  stores  for  the  troops  station- 
ed at  the  former  place.  So  extraordinary  an'  adventure  may 
well  require  particular  confirmation  to  the  mind  of  the  reader; 
it  can  be  furnished  hi  the  most  remarkable  manner.  *John 
Smith,  now  or  lately  of  Woodford  county,  in  this  State,  was  in 
1776,  engaged  in  rcconnoitering  this  country  in  company  with 

*  LouieTille  Directory  103,  by  the  antlwr. 


158  niSTOEY   OF   KENTUCKY. 

James  Harrod,  so  eminently  distinguished  in  the  history  of 
Kentucky  difficulties  and  dangers.  On  their  return  the  com- 
panions separated ;  Harrod  to  go  to  North  Carolina,  and  Smith 
to  Peter's  creek,  on  the  Monongahela.  While  travelling  on  the 
bank  of  the  Ohio,  the  latter  discovered  Gibson  and  party  de- 
scending it,  who  hailed  Smith,  and  prevailed  on  him  to  embark 
in  this,  one  of  the  boldest  of  the  western  adventures.  The 
party  succeeded  in  its  object,  and  obtained  a  supply  of  one 
hundred  and  fifty -six  kegs  of  gunpowder  from  New  Orleans ; 
which  Smith  helped  to  carry  round  the  Falls  to  the  mouth  of 
Bear  Grass  creek  in  the  spring  of  1777.  Each  man  carried 
three  kegs  along  the  portage,  one  at  a  time.  The  powder  was 
delivered  at  Wheeling  first,  and  thence  conveyed  to  Pittsburgh. 
Independently  of  this  particularity  of  circumstance,  solemnly 
asserted  on  oath  in  a  deposition  at  law,  by  a  respectable  party 
in  the  transaction,  it  was  frequently  mentioned  by  Colonel 
Linn  in  his  life  time,  and  is  still  known  as  his  information,  in 
the  family  left  by  this  gallant  and  energetic  man. 

Among  the  first  buddings  of  intercourse  rather  than  of  trade 
with  New  Orleans  from  the  western  country,  must  be  reckoned 
the  voyages  of  Messrs.  Tardiveau  and  John  A.  Honore,  the 
latter  an  ancient  and  respectable  French  merchant  of  this  city. 
These  gentlemen  left  Redstone,  now  the  town  of  Brownsville, 
on  the  Monongahela,  in  1782  and  '3,  when  thee  were  but  two 
houses  in  the  place.  The  navigation  of  the  western  rivers  was 
then  much  infested  by  banditti  of  white  men,  as  well  as  of  Indians. 
The  French  gentlemen  mentioned,  were  both  stopped  by  the 
Indians,  and  the  former  robbed  by  them ;  indeed  the  river  wa« 
as  much  debarred  to  trade,  by  the  Spanish  government,  as  by 
the  Indians.  American  property  was  seized  and  confiscated 
by  the  Spaniards  on  its  only  way  to  a  foreign  market.*  A 
negotiation  on  this  subject,  as  well  as  other  matters  of  national 
difieronce,  had  commenced  in  1785,  between  Mr.  Jay  and  Don 
Diego  Gardoqui,  the  representative  of  Spain  in  the  United 
States,  t"  Congress  had  expressly  ordered  the  Secretary  for 
Foreign  Afiairs  to  stipulate  both  for  the  territory  of  the  United 

*  WilkinBon,  Tol.  II,  appendix,  8  4-  IS.  t  Jay'"  Life  I-  *35, 23«. 


HISTORY   OP   KEJVTUCKT.  157 

States,  according  to  the  treaty  with  Great  Britain,  and  for  the 
navigation  of  the  Mississippi,  from  its  source  to  th  '  ocean.  Don 
Gardoqui,  on  the  other  hand,  declared,  that  the  Spanish  King 
■would  never  permit  any  nation  to  use  that  river,  both  banks  of 
wliich  belonged  to  him."     Under  these  circumstances,  ]\Ir.  Jay 
was  called  before  Confiress  to  communicate  his  views  on  the 
negotiation ;  "  he  informed  Congress,  that  Spain  was  ready  to 
grant  the  United  States  extensive  and  valuable  commercial 
privileges;  and  that  it  was  in  her  power,  by  her  influence  with 
the  Barbary  States,  and  by  her  connexion  with  France  and 
Portugal,  great'y  to  injure  the  commerce  of  America,  and  to 
benefit  that  of  England.    Bjt  that  at  present,  the  questions 
respecting  the  Mississi|)pi,  and  territorial  limits,  prevented  any 
commercial  arrangements  whatever;  that  his  oun  opinion  of 
fhe  justice  and  importance   of  the  claims  advanced   by  the 
United  States,  had  undergone  iio  change;  but  that,  under  pre- 
sent circumstances,  he  thought  it  would  be  expedient  to  con- 
clude a  treaty  with  Spain,  limited  to  twenty  or  thirty  years,  and 
for  the  United  States  to  stipulate,  that  during  the  term  of  the 
treaty,  they  would  /orSear  to  navigate  the  Mississippi  belov*- 
their  southern  boundary,"  as  it  has  been  seen,  was  recommended 
by  Virginia,  during  the  Revolutionary  v.ar.     This  recommen-, 
dation  by  Mr.  Jav,  was  founded  on  the  opinion,  '•  that  however 
important  the   navigation  might  ultimately    be,   it  would  not 
probably  be  very  essential  during  the  proposed  tei'fn;  and  that, 
therefore,  it  might  be  good  policy  to  consent  not  to  Qse,  for  a 
certain  period,  what  they  ditl  not  want,  in  consideration  of 
valuable  commercial  privileges."     The  views  of  Mr.  Jay  were 
sanctioned  by  seven  States,  but  ojiposed  by*  the  other  six;  still 
the  Spanish  minister  would  not  consent  to  any  treaty  whatever, 
implying  a  right  in  the  United  States  to  the  navigation  in  (jues- 
tion ;  the  negotiation  proved  fruitless,  and  was  finally  terminated 
by  Gardoqui's  return  to  Europe.     This  is  an  authentic  account 
of  the  negotiation,  under  the  old  confederation  in  regard  to  the 
navigation  of  the  Mississippi;  which,  however,  v.c  might  claim, 
the  United  States  were  in  no  position  to  extort  by  force  of  arms, 
under  so  feeble  a  government,  as  then  existed.  It  v.  as  in  woalc- 

O 


158  IIISTOKY   OF   KENTUCKY. 

ness  and  insignificance  closely  allied  to  what  the  German  Em- 
pire used  to  be  in  Europe;  it  was,  in  the  language  of  a  favorite 
Revolutionary  figure,  a  political  barrel  of  thirteen  staves  with- 
out a  hoop.  Let  us  for  a  moment  reflect,  what  would  have  been 
the  effect  of  this  cession  for  twenty  years,  as  actually  author- 
ized, or  thirty  years  as  the  utmost  limit  proposed  by  the  Secre- 
tary. Twenty  years  from  178G,  would  have  brought  the  com- 
mercial limitation  to  180S;  four  years  after  the  suppression  of 
the  right  of  deposite  at  New  Orleans.  This  itself  blew  the 
western  country  into  a  flame,  that  would  have  consumed  all  the 
ties  of  the  confederacy,  had  its  councils  have  slumbered  over 
interests,  so  precious  to  this  section  of  the  United  States.  What, 
then,  would  have  been  the  feelings  of  the  country,  what  would 
have  been  its  prosperity,  had  its  trade  with  New  Orleans  been 
suspended  for  thirty  years?  Sagacious  as  the  views  of  Mr. 
Jay  generally  were,  they  have  been  outstripped  in  this  instance 
by  the  growth  of  the  western  country  beyond  the  anticipations 
of  our  wisest  statesmen.  O^ir  progress  has  been  a  race  scarcely 
checked  by  an  accident  on  tlie  course.  Rumors  of  this  negotia- 
tion, *•'  when  no  post-office  existed  in  Kentucky,  and  when 
no  safe  or  certain  mode  of  conveyance  for  letters  or  newspa- 
pers was  established  between  this  District  and  the  rest  of  the 
Union,"  must  necessarily  have  subjected  the  conduct  of  the 
United  States'  government,  then  held  in  New  York,  to  much  mis- 
conception, and  to  no  littie  misrepresentation  by  intriguing  or 
mistaken  candidates  for  political  promotion.  These  exaggerated 
representations  on  the  subject  of  a  navigation,  so  deeply  and 
vitally  interesting  to  the  United  States,  hud  produced  an  asso- 
ciatiijn  at  Pittsburgh,  which  transmitted  to  Kentucky  a  most 
erroneous  account  of  the  Spanish  negotiation,  well  calculated 
to  kindle  the  passions  of  her  people.  This  statement  purported, 
*'that  John  Jay  had  proposed  to  the  Spanish  minister,  to  surren- 
der the  navigation  in  question  for  twenty  or  thirty  years."  The 
truth  was,  that  the  proposition  was  submitted  to  Congress,  and 
was  supported  by  seven  northeastern  States,  against  five  south- 
ern ones ;  but  the  offer  if  made,  which  does  not  certainly  appear, 

*  Maraliall  1, 255. 


HISTORY    OF   KEXTTJCKV.  159 

had  been  rejected  by  Don  Gardoqui.  An  instruction  to  a  min- 
ister was  deemed  to  come  strictly  under  the  clause  in  the  arti- 
cles of  confederation,  requiring  the  assent  of  nine  States  to 
form  treaties  with  foreign  nations;  consequently  the  proposi- 
tion fell.  Whether  the  offer  was  made  under  the  repeal  of  the 
instructions  of  the  25th  of  August,  1785,  previously  carried  by 
the  vote  of  the  same  States,  is  not  clearly  exhibited;  though 
implied  by  the  language  used  in  Mr.  Jay's  life,  as  well  as  by 
that  of  Mr.  Pitkin. 

The  communication  from  P'ttsburgh  naturally  roused  the 
sensibilities  of  Kentucky,  on  so  excitable  a  subject;  one  involv- 
ing all  her  prospects  of  commercial  prosperity.  A  circular  letter 
was  addressed  by  *Messrs,  Muter,  Innes,  Brown,  and  Sebas- 
tian, in  March,  1787,  inviting  a  public  meeting  of  the  citizens 
of  the  District,  at  Danville,  in  the  ensuing  May.  The  language 
of  this  memorial  has  been  objected  to,  because  it  charged 
"  Congress  with  proposing  to  cede  to  the  Spanish  court  the  navi- 
gation of  the  Mississippi  for  twenty-five  or  thirty  years :"  while 
that  proposition  had  failed  by  an  insufficient  majority,  under 
the  ninth  article,  sixth  section  of  the  confederation.  Yet  a  pre- 
vious vote  had,  with  some  dispute,  rescinded  the  former  instruc- 
tion to  Mr.  Jay,  to  conclude  no  treaty  with  the  Spanish  minister, 
without  obtaining  "  the  free  navigation  of  the  Mississippi,  from 
its  source  to  the  ocean :"  and,  moreover,  jMr.  Jay  was  at  first 
instructed  neither  to  make,  nor  receive  any  propositions,  nor  to 
enter  into  any  compact  with  the  Spanish  minister  without  previ- 
ously communicating  the  same  to  Congress."  The  circumstance, 
therefore,  of  \continumg  the  negotiation  after  the  removal  of 
the  former  restriction,  certainly  sanctions  the  idea  of  the  Dan- 
ville circular,  that  the  suspension  of  the  navigation  in  question, 
had  been  offered  by  Congress,  through  the  Secretary,  though  it 
was  disdainfully  rejected  by  Don  Gardoqui,  as  has  been  men- 
tioned. It  must  have  been  want  of  correct  information,  that 
induced  either  of  the  meetings  at  Pittsburgh  or  Danville,  to 
procure  an  expression  of  public  opinion  on  a  matter,  Avhich  had 
already  failed  at  its  inception.     Nor  was  the  mistake  peculiar 

*  Marshall  I,  259,  f  Pitkin  II,  201.    Idem,  208.  X  Jay's  Life  I,  238. 


160  HISTORY   OF   KENTUCKY. 

to  these  meetings;  since  a  letter  addressed  from  the  Falls  of 
Ohio  *in  December,  1786,  to  the  Governor  and  Legislature  of 
Georgia,  represented  a  "  coaimercial  treaty''^  with  Spain,  "to be 
cruel,  oppressive,  and  unjust."     "  The  prohibition  of  the  navi- 
gation of  the  Mississippi  has  astonished  the  whole  western 
coJiitry.     To  sell  us  and  make  us  vassals  to  the   merciless 
Spaniards,  is  a  grievance   not  to  be  borne."     A  copy  of  this 
letter  (and  others  of  a  similar  character)  were  laid  before  Con- 
gress; which  body  on  the  16th  (  f  September,  1788,  authorized 
its  members  to  contradict  the  reports  "  that  it  was  disposed  to 
treat  with  Spain  for  the  surrender  of  (heir  claim  to  the  naviga- 
tion of  the  river  Mississippi."     This  venerable  body  likewise 
resolved,!  "  that  the  free  navigation  of  the  river  Mississippi,  is 
a  clear  and  essential  right  of  the  United  States,  and  that  the 
same  ought  to  be  considered  and  supported  as  such."     Before 
tliese  decided  resolutions  were  adopted  by  Congress,  the  Legis- 
latui'e  of  Virginia,  had  also  taken  up  the  subject  in  November, 
1786;  and  had  come  to  unanimous  resolutions,  most  decisively 
favorable  to  the  riglits  and  interests  of  her  western  citizens, 
which  she  ordered  to  be  laid  before  Congress.     These  mea- 
sures seem  to  have  had   their  just  effect  with  the  Danville 
assemblage;  and  it  adjourned  without  any  definite  expression 
of  sentiment  on   the  subject.     A  circumstance  not  a  little  re- 
markable, considering  the  subject,  and  the  temper  of  those  who 
eomposed  the  meeting:  Kentuckians  haye  not  often  assembled 
together,  and  dispersed  so  quietly :  a  fire  of  resolutions  migh  lat 
least  have  been  expected. 

The  rapid  increase  of  the  population,  and  consequent  pro- 
duce for  market,  began  to  direct  the  public  mind,  more  impa- 
tiently and  indignantly  to  the  Spanish  obstructions  in  their 
only  outlet  to  mirkct.  |In  June,  1787,  General  Wilkinson 
descended  to  New  Orleans  with  a  small  cargo  of  tobacco  and 
other  articles;  determined  to  try  his  enterprise  and  address  at 
the  seat  of  the  Spanish  government  in  Louisiana.  While  at 
New  Orleans,  General  Wilkinson  says,  that  he  "  made  an 
arrangement  with  Governor  Miro,  for  the  introduction  of  seve- 

*  Pitkin  II,  208.  t  Iilcm.  210.  I  VVilkinion'B  Jlcmoiri,  voJ.  II,  112,  IIC 


I 


y 


HISTORY   OP   KENTUCKY.  161 


ral  thousand  families  in  that  district  on  the  Mississippi,  which 
is  no\v  called  West  Florida;  or  one  to  be  laid  out  on  the  Arkan- 
sas and  White  rivers;"  he  likewise  obtained  the  privilege  of 
furnishing,  a  considerable  annual  supply  of  tobacco  for  the 
Mexican  market,  which  would  have  secured  immense  fortunes 
for  him  and  his  friends.  This  statement  of  General  Wilkinson* 
is  corroborated  by  the  testimony  of  the  most  unexceptionable  wit- 
nesses, both  Spanish  and  American:  it  is  proved  by  official  per- 
mits of  Governor  Miro.  It  is,  moreover,  apparently  freed  from 
corrupt  and  sinister  views,  by  the  testimony  of  Mr.  Pollock,  for 
twenty  years,  the  confidant  of  the  Spanish  Governors  of  Loui- 
siana; and  by  Gilbert  Leonard,  the  Treasurer  of  the  province. 
This  proof  is  again  confirmed  by  accounts  current  of  the  agents  of 
General  Wilkinson  at  New  Orleans  with  their  testimony;  Colo- 
nel Ballinger  in  178^  delivered  two  mules  loaded  with  money 
from  New  Orleans,  to  Wilkinson  in  Frankfort,  "  in  the  prcsenrc 
of  many  persons,  whom  he  foand  there  waiting  his  arrival," 
^'  who  were  tobacco  planners  of  Lincoln  county,  in  Kentucky, 
and  were  there  to  receive  their  money  for  tobacco  purchased 
of  them  by"  Wilkinson.  Indeed,  the  frequent  remittances  of 
money  to  General  Wilkinson,  by  various  agents,  seem  fairly 
and  honorably  explained  by  this- tobacco  speculation;  which 
Wilkinson,  then  a  private  citizen,  had  the  most  indubitable 
right  to  engage  in;  and  which,  in  fact,  opened  a  valuable 
market  for  the  produce  of  this  infant  S'afe.  It  is  due  to  the 
memory  of  General  Willcinson,  to  his  distinguished  services 
and  persecutions,  to  declare  tint,  this  part  of  the  subject  was 
approached  by  the  author  with  strong  prepossessions  against  his 
purity.  ^*'But  on  sifting  the  mass  of  testimony  procured  by  one 
military  tribunal,  and  four  committees  of  Congress,  added  to 
that  presented  to  a  second  court,  and  finding  the  General  ac- 
quitted by  both  courts,  and  their  sentences  approved  (rckic- 
tafltly-xipprovcd  in  the  last  instance)  by  two  Presidents  of  the 
United  States,  the  auihor  has  been  torcod  into  the  conclusion, 
that  this  military  o'fieer,  has  been  wronged  in  the  suspicions 
and  denunciations,  so  long  and  bitterly  mdulged  against  his 

*  Wilkiij-oirs  Momoirs,  vol.  U,  IOC,  1E8,  Appendli  I. 

^^ 


^ 


162  HISTORY    OF   KENTUCKY. 

honesty.  In  the  whole  of  these  transactions,  no  foundation  has 
been  perceived  for  the  surmise  of  Mr.  Marshall ;  "  that  this  to- 
bacco contract  was  a  mere  cover  for  a  pension,"  (though  there 
is  a  strong  probability  that  it  was  a  corrupt  partnership  with 
Governor  Miro;)  and  "  the  clandestine  and  dishonorable  part 
was  carefully  concealed  from  all  but  coadjutors."  *Indeed,  for 
the  purposes  of  Kentucky  history,  it  may  be  sufficient  for  the 
refutation  of  this  construction,  to  appeal  to  the  repeated  deci- 
cisions  of  the  competent  tribunals,  after  most  unexampled  and 
unrestrained  investigation. 

General  Wilkinson  did  certainly  show  no  reserve  in  dis- 
closing to  his  own  government,  these  connexions  with  the 
Spanish  officers  at  New  Orleans;  nor  any  backwardness  in 
developing  the  circumstances,  or  in  soliciting  inquiry  of  Gene- 
ral Washington,  or  the  elder  Adams.  He  may  have  felt 
and  shown  the  resentment  natural  to  a  man  of  high  pride 
and  professional  sensibility,  at  the  suspicions  of  General 
Wayne;  which,  as  he  told  Colonel  Morrison,  a  more  frank  and 
confiding  demeanor  would  have  instantly  led  him  to  explain,  if 
not  remove,  by  a  i\\\\  detail  of  the  causes  of  this  ill  opinion. 
But  one  conclusive  consideration  in  the  mind  of  the  author, 
which  -confirms  the  honor  and  fidelity  of  W^ilkinson,  is,  that  in 
his  long  and  various  public  services,  no  om  solitary  instance 
can  be  j'lstly  alleged,  in  which  he  disregarded  or  violated  the 
strictest  and  most  zealous  discharge  of  his  duty. 

In  the  ensuing  February,  the  General  returned  from  New 
Orleans.!  It  was  imiiiediately  rumored,  that  "  he  had  formed  a 
contract  with  the  S;)anlsh  Governor,  which  enabled  him  to  ship 
tobacco  and  deposite  it  in  the  King's  stores  at  ten  dollars  per  hun- 
dred;" that  he  had  become  "  a  Sjjunish  subject,"  and  had  taken 
"the  necessary  oath  of  allegiance."  What  truth  there  may  have 
been  in  these  latter  surmises,  is  not  in  the  power,  nor  within  the 
province  of  history  to  declare:  its  materials  ought  to  be  higher 
than  conjectures  and  suspicions*  Future  memoirs  of  Spanish 
statesmen,  or  access  to  the  archives  of  their  secret  and  jealous 
country,  may  one  day  devclope  the  mystery  of  the  first  s'eps 
of  Spanish  intrigue  in  Kentucky. 

»  Marshall  1, 183.  f  Idem,  271. 


HISTORY   or   KENTUCKY.  163 

Wilkinson  did,  however,  proceed  to  b;iy  tobacco  for  the  Span- 
ish market  under  the  permits  of  Governor  Miro;  and  spoke 
openly  of  his  exckisive  privilege  at  New  Orleans,  to  deposite  his 
tobacco  in  the  King's  store;  he  also  expressed  himself  in  high 
terms  of  the  right  of  navigating  the  Mississippi,  and  of  a  com- 
mercial connexion  between  the  two  countries.  There  is  a  mix- 
ture of  innocent  and  suspicious  matter  in  these  allegations  which 
requires  to  be  discriminateJ.  The  right  to  the  navigation  was 
indispensable :  the  emigrants  to  Kentucky  had  no  other  homes 
to  goto;  they  had  brought  their  all  to  Kentucky;  they  must 
sink  or  swim  with  her.  The  independence  of  Kentucky  might 
mean  a  separation  from  Virginia,  but  most  probably  was  in- 
tended to  impress  the  necessity  of  a  disunion,  because  in  no 
other  way,  could  Kentucky  have  had  any  inflaance  over  the 
counsels  of  Spain.  Yet  it  would  have  been  a  malancholy  in- 
fatuation, which  could  for  a  moment  have  deluded  Kentuckians 
to  believe,  that  as  dependents  in  the  most  exalted  sense,  or 
nominal  equals  and  allies,  they  could  have  enjoyed  the  security 
for  their  interests,  much  less  their  noble  liberty,  which  a  mem- 
ber of  the  great  confederacy  of  North  Americm  republics  could 
command.  But  a  thousand  con.dicting  attachments,  and  invet- 
erate prejudices  of  language,  customs,  and  government,  forbid 
the  idea  of  a  political  connexion  with  Spain  ever  having  been 
seriously  meditated  by  the  mass  of  the  country. 

To  present  the  first  connexion  of  General  Wilkinson  with 
the  Spanish  governmont  unbroken,  the  year  has  been  antici- 
pated; which  has  led  the  narrative  past  the  establishment  of 
the  first  printing  press  in  Kentucky,  an  era  almost  as  worthy 
of  commemoration  in  the  backwoods  of  America,  as  its  Euro- 
pean invention.  Nor  was  this  establishment  altogether  desti- 
tute of  originality  in  the  Kentucky  printer.  IMr.  John  Brad- 
ford, an  ingenious  and  enterprising  citizen  of  Lexington,  not 
brought  up  to  the  business  of  a  printer,  undertook  this  impor- 
tant step  in  the  political  and  intellectual  improvement  of  Ken- 
tucky. There  was  not  then  a  printing  press  on  the  western 
waters,  nor  one  within  five  hundred  miles  of  Lexington.  Seve- 
ral of  the  type  were  cut  out  of  dog-wood,  and  with  this  impor- 


164  HISTORY   OF   KEXTUCKY. 

feet  apparatus,  on  ha  IStli  of  August,  1737,  he  and  his  brother, 
Fielding  Bradford,  published  the  Kentucky  Gazette.  It  was  at 
first  a  weekly  paper,  printed  on  a  demi  sheet,  which  size  was 
altered  on  the  1st  of  September  following,  into  a  medium  sheet, 
and  then  it  assumed  one  of  greater  dimensions.  This  name  is 
still  retained  among  the  journals  of  the  State,  which,  in  1833, 
have  amounted  to  twenty-nine  or  thirty. 

On  the  17th  of  September,  1787,  the  fifth  convention  assem- 
bled at  Danville,  and  unanim3usly  decided  for  the  separation  of 
the  district,  upon  the  terms  and  conditions  prescribed  by  the 
law  of  Virginia.  An  address  was  made  to  Congress  for  the 
admission  of  the  new  State  into  "the  federal  Union,  by  the 
name  of  Kentucky  j"  and  the  last  day  of  December,  1788,  was 
fixed  for  the  termination  of  the  authDrity  of  Virginia,  and  the 
commencement  of  the  new  republic.  This  convention  requested 
*'the  delegates  from  the  district  in  the  Legislature  of  Virginia, 
to  use  their  endeavors  to  have  an  inhabitant  of  the  district  ap- 
pointed a  delegate  to  Congress  for  the  ensuing  year."  Under 
this  recommendation,  Mr.  John  Brown  was  chosen  the  first  and 
only  member  of  the  old  Congress,  under  the  confederation,  from 
Kentucky.  It,  moreover,  directed  a  convention  to  be  elected, 
*•  with  full  power  and  authority  to  frame  and  establish  a  funda- 
mental constitution  of  government  for  the  propo  ed  State." 
Notwithstanding  the  unsettled  and  exposed  condition  of  the 
country,  involved  in  Indian  depredations,  and  deprived  of  a  free 
market  for  the  produce  of  its  labor;  the  fertility  and  cheapness 
of  the  lands,  and  no  doubt  the  adventurous  theatre,  which  was 
presented  to  the  young  and  the  aspiring;  all  combined  to  impel 
the  stream  of  emigration  to  Kentucky.  So  great  was  the 
accession  of  poi)ulation,  that  it  had  doubled  within  the  last 
three  years.*  About  this  time  the  Indians  resorted  to  a  species 
of  miniature  naval  warfare  against  the  emigrants  to  Kentucky. 
They  manned  a  flat  bottomed  boat,  such  as  is  still  used  by  fami- 
lies for  descending  the  western  waters,!  and  "  intercepted 
several  of  these  family  conveyances  on  the  river;  consigning 

•  Mnrsliall  1, 28.). 

t  Broad  Uoriii  in  the  dialect  of  tlie  wcBtcrn  rivers,  and  of"  VVcstwardUo!*  ' 


HISTORY   OF   KEr^TUCKY.  165 

diose  on  board  to  siaugh'er,  and  c:irrieJ  off  their  goods."  This 
ne\T  msihod  of  infestiiiT;  one  of  the  great  avenues  to  the  coun- 
try, after  having  eiTacte J  nijch  mischief,  and  spread  wide  alarm, 
was,  in  one  instance,  broken  up  by  a  party  from  this  city, 
which,  however,  found  the  Indian  boat  deserted,  and  could  only 
destroy  her. 

In  this  year,  Kentucky  as  a  part  of  the  parent  commonwealth, 
was  called  upon  to  express  her  sentiments  on  the  grand  ques- 
tion of  adopting  the  present  constitution  of  the  general  govern- 
ment; which  has  elevated  our  country  to  so  lofty  and  proud  an 
eminence,  among  the  nations  of  the  earth.     This  is  not  the 
place  to  discuss  or  even  narrate  minutely,  this  mighty  episode 
in  our  history;  the  crisis  is  well  understood  to  have  been  preg- 
nant with  every  thing  interesting  to  the  dearest  and  most  pre- 
cious interests  of  America;  already  violation  of  contracts,  spu- 
rious paper  money,  arbitrary  tender  laws.   State   conflicting 
with  State,  in  levying  imposts  on  foreign  goods,  and  violated 
treaties  with  foi-eign  powers,  were  fast  precipitatiig  our  coun- 
trymen into  disunion,  civil  war,  and  foreign  subjugation.     The 
constitution  of  1787,  snatched  our  country  from  this  tremen- 
dous gulf  of  ruin  and  dishonor.     Justice,  however,  to  the  views 
of  those  opposed  to  the  adoption,  requires  it  to  be  stated;  that 
with  many,  the  question  was  not  so  much,  whether  the  constitu- 
tion proposed,  should  be  absolutely  rejected ;  or  whether  it  should 
be  rejected,  until  amendments  should  be  adopted.     The  spirit 
of  liberty   naturally  flowed    high,  and   suspicion  of  political 
power  was  proper- ionably  sharp,  so  recently  after  the  demoli- 
tion of  the  British  government;  or  more  properly  the  change  of 
executive  relations  from  a  foreign  monarch  to  a  domestic  head, 
which  was  in  fact,  the  principal  departure  from  the  ancient 
institutions  of  the  colonies.     To  this  jealousy,  invaluable  as  a 
preservative  of  public  liberty,  within  any  reasonable  bounds, 
must   no  doubt  be  added,  an  influential  source  of  opposition — 
the  diminution  of  local  and  personal  importance  in  the  States. 
*"  Many  of  the  leaders  ot  the  opposition  to  the  federal  consti- 

♦  Ja/'s  Llftf  I,  !i58. 


183  HISTORY  OF  KENTUCKY. 

tution,  were  such  as  wished  to  be  little  Kings  at  komeP  Is 
not  the  remark  still  most  powerfully  applicable  to  our  State 
controversies  with  the  general  government?  Will  it,  indeed, 
ever  lose  its  force,  in  so  complicated  a  system  of  government, 
GS  our  own?  It  may  be,  indeed,  the  centrifugal  force  of  the 
machine,  as  necessary  in  its  sphere,  as  the  centripetal  ten- 
dency of  an  efficient  national  authority,  is  indispensable  to 
combine  the  energies  of  the  whole  confederacy,  for  the  safety 
and  the  welfare  of  all.  The  vote  of  Kentucky  as  represented 
in  the  convention  of  Virginia  was,  in  conformity  to  the  strong 
democratic  spirit  of  the  people,  more  alive  to  the  dangers 
and  abuses  of  political  authority,  than  to  the  necessity  of  an 
efficient  government,  opposed  to  the  adoption  of  the  new  go- 
vernment. The  division  was  in  the  ratio  of  *eleven  aaainst 
the  adoption,  to  three  in  its  favor .j  The  two  members  from  the 
county  of  Jefferson,  the  venerable  Robert  Breckenridge,  lately 
deceased,  and  Rice  Bullock;  and  Humphrey  Marshall  frora 
Fayette,  now  silvered  with  years  and  public  services,  had  tha 
honor  to  enrol  their  names  in  favor  of  the  constitution,  and 
thereby  the  ever  enduring  renown  of  having  contributed  to 
preserve  the  fruit  of  the  Revolution;  and  to  allow  it  the  oppor- 
tunity of  ripening  into  the  present  glorious  harvest  of  liberty, 
happiness,  plenty,  and  peace.  Virginia  was  the  tenth  adopting 
State;  on  the  20th  of  June,  1788,  by  a  majority  of  eighty-eight 
to  a  minority  of  seventy-eight,  she  joined  the  new,  and  the 
author  trusts,  indissoluble  confederacy  of  the  North  American 

•  Through  the  courtesy  of  Messrs.  Brown  and  Marshall,  tli"  author  is  enahled  to  pre- 
sent the  roadcr  with  the  riainos  ofthe  KiMiturky  iiiemlieis  of  the  Virginia  Convention, 
wllirli  ralilicil  llii;  prci'i'jit  (,'uiislitution  of  llie  Uiiit<(l  !<tatcs.  From  Faijettr,l\\un\i\wGj 
Marshall  and  Jolin  Fowler;  Jrffcrson  roiiufif,  Koliert  Hrerkenriciiie  and  Hire  Bullock; 
Lincoln  count  n,  .lohn  I.OL'aii  and  Henry  rawlin.';  JVe/sw"  coaiil  ij,iu\\\\  S-^lcelc  and  Malt  hew 
Walton;  Mrrci  r(iiiuilij,'V\mna-:i  Allen  and  Alexander  linlicrlson;  Muhson  coiuitii,C,recno 
Clay  and  William  Frvine;  Boiuhon  cuunlii,  lleniv  l.ce  ami  John  I'.ilvvards.  The  Con- 
Btitulioti  oftlie  United  Sfalos  was  pulillshed  in  the  Ki.iilucky  (;ay.etle,0(lolH'r  27th,  ]787. 
The  otdy  rneniliersof  the  Virginia  Leuislalure  from  Kentucky,  whose  names  the  autlioir 

has  heon  ahle  to  ohtaiii,  aie  John  Brown,  Ben jauiia  Logan,  Daniel  Booiic,  and 

Swcaringen. 

t  On  this  occasion  the  author  has  lieen  informed  hy  the  first  liistorian  of  Kentucky,  that 
a  pulilication  of  llirhard  Henry  I.ee,  addressed  to  the  (Jovernor  of  Virginia,  and  published 
in  tho  Kentucky  Ca/.elle,  Ii;hI  a  most  decisive  iriMui'nce  u'.'ainsi  the  proposed  new  fiorarn- 
nient.  It  stron^'ly  advised  llie  people  of  the  disluct  lo  retain  llieh-  ralilication  from  a 
eonutitiition  acknowledged  to  he  del'i'dive,  until,  il  was  amemled  So  plausible  n  L'round 
was  with  dillirully  resisted  amidst  the  jealousies  of  this  sertiou  of  tlie  country;  retnored 
too,  as  it  was,  from  tlie  iiniuediaic  scene  of  tlie  discords  which  tiircacened  llie  union  of  th« 
«ldcr  Btatev. 


HISTORY   OP   KEXTUCKY.  167 

States.  It  must  not  be  concealed,  that  the  new  constitution  was 
quite  unpopular  in  Kentucky;  though  from  the  situation  of  the 
district,  and  the  imperfect  diffusion  of  intelligence,  its  profound 
and  massy  merits  could  scarcely  have  been  ur.derstood.  It 
would  be  a  curious  inquiry,  how  many  copies  of  the  constitu- 
tion, much  less  of  the  Federalist,*  i  s  chaste,  and  learned,  and 
wise  commentary — the  joint  production  of  some  of  our  most 
consummate  and  virtuous  statesmen — were  at  that  day  to  be 
found  in  Kentucky. 

On  the  29th  of  July,  in  this  year,  the  convention  met  at 
Danville,  to  form  a  constitution  of  government  for  the  district, 
preparatory  to  its  separation  from  Virginia.  While  this  body 
was  assembled,  the  sixth  which  had  met  on  the  subject  of 
separation,  although  the  first  which  was  authorized  to  form 
a  constitution;  information  was  received,  that  Congress  had 
determined  to  refer  the  question  of  admitting  Kentucky  into 
the  Union,  to  the  new  government.  This  was,  indeed,  a 
cruel  blow  to  the  excited  hopes  of  independent  government,  so 
repeatedly  voted  by  Kentucky,  and  as  often  assented  to  by  Vir- 
ginia. It  is  not  a  matter  of  wonJer,  that  j"  there  was  now 
observable  the  most  deep-felt  vexation,  a  share  of  ill-temper 
bordering  on  disaffection;  and  strong  symptoms  of  assuming 
independent  government.  The  navigation  of  the  Mississippi, 
and  the  trade  to  New  Orleans,  now  just  tasted  for  the  first  time, 
were  strenuously  pressed  into  the  argument,  in  favor  of  com- 
pleting the  constitution,  and  organizing  government  without 
delay."  It  was  even  proposed  to  submit  the  state  of  the  dis- 
trict, and  the  course  to  be  pursued  to  each  militia  company. 
This  proposition,  which  would,  indeed,  have  been  to  revive  the 
democracy  of  the  Grecian  Ecclesiai,  and  the  Roman  Campus 
Martins,  amidst  the  representative  republics  of  North  America, 
was,  by  a  large  majority,  most  judiciously  rejected.  This  body 
came,  after  protracted  debate,  to  the  following  recommendation: 

*Mr.  Iliimplircy  Marslinll  snys,  tlic  first  ropy  of  tlie  Kodpralist  he  snw,  was  in  tliB 
hands  of  Ct'oruc  Nicholas,  wlitu  the  loniiw  was" on  his  jomney  to  iiitct  Uie  above  memo- 
rable couvuiition. 

tMarsl'4illI,M. 


188  niSTORY    OF    KIJfTUCKr. 

that  the  people  of  the  district  should  elect  another  assembly,  to 
meet  in  the  following  November,  and  to  continue  in  office  until 
the  1st  of  January,  17S0:  "that  they  delegate  to  their  said 
representatives  full  powers  to  take  such  measures  for  obtain- 
ing admission  of  the  district,  as  a  separate  and  independent 
member  of  the  United  States  of  America ;  and  the  navigation 
of  the  Mississippi,  as  may  appear  most  conducive  to  those  pur- 
poses; and  also  to  form  a  constitution  of  government  for  the 
district,  and  organize  the  same,  when  they  shall  judge  it  neces- 
sary; or  to  do  and  accomplish  whatsoever,  on  a  consideration 
of  the  state  of  the  district,  may,  iii  their  opinion,  promote  its 
interests." 

From  the  breadth  and  plenipotentiary  character  of  this  com- 
mission, like  that  of  a  Roman  dictator,  the  temper  of  the  dis- 
trict may  be  inferred;  nor  can  there  in  the  whole  history  of 
American  government  be  found,  a  career  of  such  multiplied 
disappointments  and  abortive' assemblies,  as  in  the  labors  of 
Kentucky,  to  be  admitted  into  the  Union.     All  parties  appear 
to  have  been  well  disposed,  still,  as  if  under  t.e  influence  of 
some  enchantment,  consent  was  given,  but  to  be  repealed;  act 
was  passed  after  act,  and  assembly  met  after  assembly,  only  to 
give  birth  to  a  successor,  as  remote  as  ever  from  obtaining, 
what  had  been  the  *favorite  object  of  the  people  for  years.  Nor 
ught  the  conduct  of  the  paity  desiring  an  immediate  organiza- 
ion  of  the   government,  to   be  branded  with  obloquy;   any 
irther  than  it  might  have  been  mixed  wi'.h  views  of  Spanish 
ependencc.     For  had  a  domestic  government  been  organized 
*ter  the  repeated  and  harmonious  co-opcrcitlon  of  the  great 
contracting  parties,  it  is  not  to  be  supposed,  that  it  would  have 
been  so  technically  misconstrued,  as  to  have  been  viewed  as 
treasonable  to  Virginia,  or  hostile  to  the  Union,  owing  to  re- 
peated and  unavoidable  accidents.     The  magnanimous  temper 
of  Virginia  would  have  cured  every  thing      Should  any  such 
unjust  imputation  have  been  placed  upon  the  proceedings  of 
Kentucky,  it  must  soon  have  been  removed  by  their  fidelity, 
had  it  have  been,  as  it  is  believed  it  was,  immovcably  fast  to 

•  Marslialll,290. 


HISTORY   OF   KENTUCKY.  169 

the  confederacy  of  their  countrymen.  Vermont  continued  with- 
out the  pale  of  the  Union  during  the  whole  Revolutionary  war, 
and  until  March,  1791;  yet  no  indictment  was  brought  against 
her  for  treason.  At  this  distance  of  time,  the  protracted  delays 
and  repeated  public  disappointments  on  this  question,  seem 
truly  inexplicable.     It  is  not  known  to  what  else  to  compare 
our  long  succession  of  fruitless  conventions,  than  to  the  card 
edifices  of  children,  which  are  no   sooner  erected,  than  at  a 
breath  they  are  demolished.     The  assertion  may  be  safely 
ventured,  that  no  sober  political  critic  of  the  present  day  can 
believe,  that  any  community  in  these  States,  would  now  be  so 
trifled  with  and  tantalized,  as  the  people  of  this  district  were, 
for  eight  years,  in  obtaining  a  separate  municipal  existence. 
Some  auxiliary  resolutions  for  directing  the  election  of  the 
seventh  convention,  closed  the  labors  of  this  addition  to  the  nu- 
merous and  ineffectual  assemblies  of  Kentucky.     So  excited 
had  public  feeling  in  Kentucky  become,  in  consequence  of  this 
provoking  course  of  things,  that  disunion  seems  to  have  been 
at  least  proposed,  as  its  *"idea  was  formally  combatted  in  the 
public  prints  of  the  time,  while  nothing  more  open  or  formal 
than  the  acts  of  the  convention  is  recollected  in  its  favor."     A 
letter  from  Chief  Justice  Muter  on  the  15th  of  October,  1788 
may  represent  the  feelings  of  the  more  considerate  and  sober 
respecting  the  state  of  public  affairs.     In  this  letter  the  Chief 
Justice  combats  the  idea  of  forming  a  constitution  without  the 
previous  consent  of  Virginia,  as  contrary  to  her  statute,  and  in- 
volving the  perpetrators  in  the  guilt  of  high  treason;  and  that  the 
new  State  could  only  be  admitted  by  consent  of  Vircfinia,  under 
the  federal  constitution.  But  the  most  pregnant  part  of  this  letter 
is,  where  he  represents,  that  the  resolution  of  the  late  conven- 
tion, if  adopted  by  the  people,  might  fairly  be  construed  to  wive 
authority  to  the  next,  to  treat  with  Spain,  to  obtain  the  navigation 
of  the  Mississippi;  if  they  should  think  such  a  measure  condu- 
cive to  their  interest.     Every  thing  proceeding  from  George 
Muter  would  be  treated  by  the  author,  with  the  respect  inspired 
by  a  lively  recollection  of  his  venerable,  mild,  and  worthy 

♦  Marshall  1, 294. 
P 


170  HISTORY    OF   KENTUCKY. 

character;  and  the  concurrence  of  Colonel  Thomas  Marsliall. 
the  compatriot,  fellow  soldier,  and  friend  of  Washington,  must 
add  still  greater  weight  to  this  letter,  which  was,  indeed,  *his 
measure.  Notwithstanding  this  most  respectable  authority, 
some  political  feeling  not  at  all  dishonorable,  or  some  exag- 
gerated apprehension  of  consequences,  seems  to  have  prompted 
this  public  address;  if  there  were  no  foreign  intrigues.  As  it 
has  before  been  remarked,  the  separation  of  Kentucky  from 
Virginia,  was  an  agreed  case  between  the  high  parties;  the 
difficulty  was  one  of  form  and  accident  only.  In  such  a  state 
of  things,  it  would  have  been  cruel  mockery  and  iniquity  in 
Virginia,  to  have  so  far  misinterpreted  a  separation  of  Ken- 
tucky, which  had  been  the  subject  of  repeated  and  mutual 
agreements,  as  to  have  considered  it  treasonable.  The  jealousy 
of  the  country  could  not,  however,  have  been  too  keenly  ex- 
cited against  any  attempt  at  foreign  dependence;  it  is  never 
admitted  into  the  creed  of  an  enlightened  patriot,  until  the  last 
extremity  of  domestic  misfortune ;  and  even  then,  to  be  mogt 
sleeplessly  watched. 


CHAPTER  XL 


Don  Gardoqui's  propositions  to  Mr.  John  Brown— Apology  for  Kentucky  Statesmen- 
Court  and  Country  partirs  in  Convention — Wiikinson's  njernoiial  to  tlie  Governor  of 
Louisiana— New  GoveniMient  of  tlie  Unilcd  Plates— (lenenil  Wasliington's  letter  to 
('olonel  Tliouius  RIarsliall— Transylvania— Indian  depredations. 

Why  the  patriotic  Marshall  and  Muter  had  so  much  reason 
to  apprehend  a  foreign  connexion  at  this  time,  now  becomes  a 
painful  duty  to  dcvclope.  That  jjrivate  feelings  may  still  bo 
lacerated  in  this  recital,  the  author  laurcnts,  and  which  he  will 
5tudiousiy  avoid,  consistently  \yith  the  faithfulness  of  history. 
Motives,  whether  of  the  dead,  or  the  living,  shall  not  be  im- 
peached; but  upon  strong  and  conclusive  testimony;  guilt  shall 
never  be  tortured  into  existence,  by  misrepresentation  or  forced 
construction.     Under  the  influence  of  these  views,  let  the  con- 

*MarBliaIl  1,291. 


HISTORY   OF   KENTUCKY.  171 

duct  of  the  Honorable  John  Brown,  then  a  member  of  the  old 
Congress,  be  entitled  to  their  full  bearing,  while  it  is  faithfully 
related.  On  the  29th  of  February,  1788,  Mr.  John  Brown  pre- 
sented to  tlie  old  Conirress  the  address  of  the  Kentucky  conven- 
tion  praying  for  admission  into  the  Union ;  but  it  was  not  until 
the  3d  of  July,  that  it  was  finally  acted  on,  and  then  referred  to 
the  new  government  for  ultimate  decision. 

This  distinguished  public  officer  then  wrote  to  the  President 
of  the  Danville  convention,  giving  an  account  of  this  additional 
failure  of  Kentucky  expectations,  notwithstanding  his  best 
exertions.  In  this  letter  was  enclosed  a  detached  scrip  of 
paper  headed  confidential^  in  these  words :  "  In  a  conversation 
which  I  had  with  Mr.  Gardoqui,  the  Spanish  minister,  relative 
to  the  navigation  of  the  Mississippi,  he  stated  that,  if  the  people 
of  Kentucky  toould  erect  themselves  into  an  independent  State, 
and  appoint  a  proper  person  to  negotiate  with  him,  he  had 
authority  for  that  purpose,  and  would  enter  into  an  arrange- 
ment with  them  for  the  exportation  of  their  produce  to  New 
Orleans,  on  terms  of  mutual  advantage."  In  additiin  to  this 
ominous  enclosure  to  Judge  McDowell,  a  jletter  was  written 
by  the  same  gentleman  to  Judge  Muter,  dated  New  York,  July 
10th,  1788;  from  which, the  following  extracts  are  taken,  re- 
ferring the  re  uler  to  the  appendix  for  the  entire  document. 
After  mentioning  the  delay  of  Congress  in  acting  on  the  appli- 
cation of  Kentucky,  owing  to  the  absence  of  the  members 
fturing  a  "  great  part  of  the  winter  and  spring,"  and  when 
finally  committed  to  a  "  grand  committee,  they  could  not  be 
prevailed  upon  to  report — a  majority  of  them  being  opposed  to 
the  measure.  The  eastern  States  would  not,  nor  do  I  think 
they  ever  will,  assent  to  the  admission  of  the  district  into  the 
Union,  as  an  independent  State ;  unless  Vermont,  or  the  province 
of  Maine,  is  brought  forward  at  the  same  time."  Again:  "The 
jealousy  of  the  growing  importance  of  the  western  country,  and 
an  unwillingness  to  add  a  vote  to  the  southern  interest,  are  the 
real  causes  of  opposition;  and  I  am  inclined  to  believe,  they  will 
exist  to  a  certain  degree,  even  under  the  new  government,  to 

*  Judge  McDowell's  deposition,  Iiiiics  vs.  Marshall.  f  Marshall  I,  301. 


172  HISTORY    OF   KENTUCKV. 

which  the  application  is  referred  by  Congress.''  Again:  "Tis 
generally  expected,  that  the  district  '  will  declare'  its  indepen- 
dence, and  proceed  to  frame  a  constitution  of  government." 
"  This  step  will,  in  my  opinion,  tend  to  preserve  unanimity, 
and  will  enable  you  to  adopt  with  effect  such  measures  as 
may  be  necessary  to  promote  the  interest  of  the  district.  In 
private  conversation  with  Mr.  Gardoqui,  the  Spanish  minister 
at  this  place,  I  have  been  assured  by  him  in  the  most  explicit 
terms,  that  if  Kentucky  will  declare  her  independence,  and  em- 
power some  proper  person  to  negotiate  with  him,  that  he  has 
authority,  and  will  engage  to  ojycn  the  navigation  of  the  Missis- 
sippi for  the  exportation  of  their  produce,  on  terms  of  mutual 
advantage.  But  that  this  privilege  can  never  be  extended  to 
them,  while  part  of  the  United  States  by  reason  of  commercial 
treaties  existing  between  that  court  and  other  powers  of  Eu- 
rope. As  there  is  no  doubt  of  the  sincerity  of  this  declaration, 
I  have  thought  proper  to  communicate  it  to  a  few  contidential 
friends  in  the  district,  with  his  permission,  not  doubting  but  that 
they  will  make  a  prudent  use  of  the  information.''''  Upon  this 
confidential  letter,  (written  in  the  discharge  of  a  critical  and 
important  trust)  comment  is  unavoidable;  it  is  an  essential  and 
important  part  of  Kentucky  history;  and  it  has  been  the  sub- 
ject of  most  angry  and  exasperating  controversy.  This  com- 
mentary is  now  undertaken  when  these  passions  have  died 
away;  although  the  author  has  been  a  witness  to  their  fiercest 
storms:  yet  he  claims  to  be  governed  by  a  sense  of  duty  only, 
when  he  declares,  that  he  continues  to  feel,  as  he  always  did, 
perfectly  uninfluenced  by  their  rage.  On  any  other  occasion 
than  one,  which  has  arrayed  this  community  in  such  acrimoni- 
ous parties,  such  a  declaration  might  be  unnecessary. 

The  first  idea  that  strikes  the  mind  in  considering  this  letter 
in  connexion  with  the  enclosure  to  Judge  McDowell,  is,  thai 
Mr.  Brown,  and  in  all  probability,  many  other  of  the  ancient 
statesmen  of  Kentucky  did  incline  to  discuss,  if  not  adopt  a 
connexion  with  Sj)ain  independent  of  the  feeble  and  disgraced 
Union,  which  then  existed;  one  more  in  name  than  in  fact, 
disobeyed  at  home,  and  despised  abroad.    Under  these  circum- 


niSTORY   OP  KE^'TUCKY. 


173 


stances,  the  author  believes  such  a  measure  so  far  from  furnish- 
ing matter  of  reprobation,  may  have  been  deemed  consistent 
with  Kentucky  patriotism;  and  even  demanded  by  its  most  sacred 
duties.  The  denial  of  any  meaning  in  the  letters  to  Judges  Muter 
and  McDowell,  bevond  that  of  having  been  "  forwarded  for  in- 
formation"  as  supposed  by  the  latter  gentleman  in  his  certificate 
of  the  7th  of  August,  1806,*  strikes  the  author  as  unworthy 
of  the  grave  subject  of  communication,  and  the  dignity  of  the 
correspondents.    But  what  is  more  important,  it  is  inconsistent 
with  the  only  manly  and  triumphant  justification  of  which,  he 
thinks,  the  measure  may  have  been  susceptible.     To  try  the 
conduct  of  Kentucky  statesmen  in  1788,  under  a  confederation 
in  ruins  and  in  factions,  by  the  same  principles,  which  should 
now  direct  the  mind,  under  an  efficient  and  beneficent  govern- 
ment; would  be  absurd  and  unjust.  The  peculiar  circumstances 
of  the  times  must  be  adverted  to,  in  order  to  arrive  at  any  just 
estimate  of  the  measure,  or  of  its  authors.     What,  then,  were 
these  circumstances  ?     They  are  eloquently  and  no  less  truly 
narrated  by  General  Wilkinson,     t"  Open  to  savago  depreda- 
tions; exposed  to  the  jealousies  of  the  Spanish  government; 
unprotected  by  that  of  the  old  confederation ;  and  denied  the 
navigation  of  the  Mississippi,  the  only  practicable  channel 
by  which  the  productions  of  their  labor  could  find  a  market." 
In  addition  to  this,  Mr.  Daniel  Clarke  in  his  memoir  of  1798, 
to   Secretary  Pickering,  mentions   that,  |-'all  who  ventured 
on  the  Mississippi,  had  their  property    seized,  by  the  first 
commanding  officer   whom  they  met,  and  little   or   no   com- 
munication was  kept  up  between  the  two  counfries."     Was 
this  a  condition  for   any   community,  much  less  for  one   of 
high  spirited  freemen  with  their  arms  in  their  hands,  just 
fresh  from  hunting  down  the  British  lion,  to  tolerate  any  longer, 
than  it  was  unavoidable?     Couple  these  grievances,   which 
must  have  blasted  the  industry  and  the  dearest  hopes  of  the 
country,  which  must  have  driven  the  emigrants  back  over  the 
mountains,  and  condemned  the  rich  lands  of  Kentucky  to  waste 

♦  Political  Transactions,  page  39.  t  Wilkinson's  Memoirs,  vol.  II,  119. 

X  Wilkinson's  Memoirs,  vol.  II,  Appendix  XI. 

p  * 


174  HISTORY   OF   KEN'TirCKY. 

their  fertility  in  uncultivated  forests,  to  become  again  an  Indian 
country,  rather  than  to  continue  a  civilized  society ;  with  the 
heart  burnings  on  the  subject  of  yielding  the  navigation  to 
Spain  for  an  indefinite  time.    Then,  from  these  materials  some 
faint  idea  may  be  conceived  of  the  necessity  for  the  statesmen 
and  the  people  of  Kentucky  to  look  to  some  other  protection, 
for  the  vital  interests  of  the  country,  than  the  tottering  and  im- 
becile confederacy,  which  then  deluded  the  country  under  the 
pretence  of  a  government.  Can  circumstances  be  imagined  more 
imperative  on  Kentucky  patriots  and  statesmen,  to  turn  their 
attention  to  a  foreign  connexion  for  that  protection,  which  their 
own  government  could  not  give;  and  without  which,  all  govern- 
ment is  a  mockery,  and  a  perversion  of  its  very  purposes?  To 
the  mind  of  the  writer,  the  circumstances  of  the  case  may  have 
had  this  justification  in  the  view  of  the  parties.     Still,  notwith- 
standing this  apology,  which  is  only  offered  as  an  hypothetical 
defence,  founded  on  the  probabilities  of  the  transactions;  the 
fact  is,  that  the  love  of  country  was  too  strong,  and  the  attach- 
ment of  Kentucky  to  her  elder  homes,  was  too  powerful,  the 
share  hei*  numerous  Revolutionary  citizens  had  in  the  glory  of 
the  republic  was  too  great,  to  allow  of  a  separation  of  the  coun- 
tr)'  from  the  rest  of  the  confederacy.  Notwithstanding  the  long 
series  of  hardships  and  sufferings,  which  Kentucky  had  endured, 
many  of  which  were  to  be  attributed  to  an  inefficient  and  ill 
administered  government;  her  statesmen,  and  still  more,  the 
great  mass  of  her  people,  were  true  to  the  Union,  and  clung 
with  pertinacious  attachment  to  the  sacred  league  of  the  States. 
The  ties  of  ancient  kindred,  of  homes  and  customs,  were  too 
strong  for  the  promptings  of  domestic  interest  and  ambition  1o 
dissolve ;  and  it  is  an  honorable  proof  of  the  love  of  the  Union  in 
this  remote  member;  that  no  public  motion  in  any  assembly  oi 
the  peopFe,  no  resolution  countenancing  separation  from  the 
confederacy,  or  leading  to  it,  can  be  instanced  in  the  history  oi 
the  people  of  Kentucky.     On  the  contrary,  her  public  acts, 
amidst  the  undefended  devastations  of  the  Indians,  the  injuries 
of  the  Spaniards,  and  the  neglects  of  the  federal  government, 
constantly  breathe  a  spirit  of  "  filial  affection"  for  the  Union, 


HISTORY   OF    KENTUCKY.  175 

and  connect  their  ardent  wishes  for  a  separate  government,  with 
the  rest  of  the  confederacy.     From  '85  to  '90,  they  petitioned 
to  Virginia  and  to  Congress  "  to  be  taken  into  union  \vith  the 
United  States  of  America,"  "  for  a  speedy  admission  of  the  dis- 
trict into  the  federal  Union,"  "  and  to  be  erected  into  an  inde- 
pendent member  of  the  federal  Union."     The  prospect  of  the 
new  government  then  in  agitation,  ought  to  have  had  powerful 
influence  with  every  patriot  in  suspending  an  appeal  to  the 
dreadful  alternative  of  civil  disruption  and  war.     Nothing  wor- 
thy of  record  beyond  the  very  discussions  which  occupy  this 
portion  of  our  history,  seems  to  have  transpired;  until  the  con- 
vention of  November,  1788,  assembled  agreeably  to  the  author- 
ity of  its  July  predecessor.  In  this  assembly  the  parties,  which 
had  been  divided  on  the  mode  of  separating  from  Virginia,  ac- 
quired more   development,   and    appeared  more   distinct;   no 
doubt  in  consequence  of  the  discussions  which  had  intervened. 
Messrs.  Wilkinson,  Thomas  Marshall,  Sen.  IMuter,  Brown,  and 
Inues,  were  all  members:  yet  in  the  acknowledgment  of  his 
enemies.  General  Wilkinson  was  the  most  distinguished  orator, 
as  well  as  writer.     W^as  an  address  to  be  written,  which  should 
pour  forth  the  feelings  of  Kentucky,  a  debate  to  be  opened  upon 
her  vital  interests,  Wilkinson  was  equally  the  author  of  the 
one  and  the  speaker  in  the  other.  So  varied,  rich,  and  polished, 
were  the  powers  and  the  acquirements  of  this  singularly  versatile 
person,  that  whether  in  the  field  of  Saratoga,  the  cabinet  of  Go- 
vernor INIiro,  or  in  the  conventions  of  the  backwoodsmen  of 
Kentucky,  this  gifted  man  drew  all  eyes  upon  him,  and  was 
looked  up  to  as  a  leader  and  a  chief.     The  friends  of  Wilkinson, 
who  appear  to  have  contemplated  a  separation  and  the  forma- 
tion of  an  independent  government  without  the  same  unneces- 
sary anxiety  for  the  repetition  of  the  consent  of  Virginia,  which 
might  have  been  necessary  and  proper  in  a  mere  municipal 
body,  not  a  large  community;   were  denominated   the  court 
party;  as  its  leading  members  were  principally  judges  and 
lawyers:  the  opposition  under  Colonel  Thomas  Marshall,  Sen. 
Judge  Muter,  and  John  Edwards,  afterwards  a  Senator  of  the 
United  States,  was  denominate.l  the  country  party.     The  first 


176  HISTORY   OF    KENTUCKY. 

point  of  difference  was,  the  submission  of  the  resolutions  passed 
by  the  previous  convention  to  a  oommittee  of  the  whole.    The 
court  party  favored  this  reference  in  order,  it  seems,  to  con- 
nect the  navigation  of  the  Mississippi  with  the  formation  of  a 
State  constitution,  and  to  hurry  the  latter  without  waiting  for 
the  previous  consent  of  the  parent  State.     This  had  been  re- 
peatedly expressed,  though  not  under  these  peculiar  circum- 
stances.    It  was,  perhaps,  unparliamentary;  since  the  very 
purpose  of  commitment  is,  to  divide  a  subject  into  its  appropriate 
parts,  and  to  acquire  distinct  views  of  its  facts  and  character  by 
special,  not  general  inquiries.  But  what  is  of  more  consequence 
to  the  present  times,  than  this  skirmish  of  order,  is  the  full  and 
prominent  attitude,  which  the  navigation  of  the  Mississippi 
assumed  in  this  convention ;  and  mainly  owing  to  the  comprehen- 
sive spirit  and  sagacious  mind  of  Wilkinson,  denounced  as  he 
and  his  associates  have  been,  for  their  exertions  to  promote  this 
vital  policy,  not  only  of  Kentucky,  but  of  the  teeming  millions 
of  the  west.     Wilkinson  seems  to  have  been  more  keenly  alive 
to  the  importance  of  this  trade,  and  of  the  formation  of  a  go- 
vernment, which  might  command  its  enjoyment;  than  of  again 
obtaining  the  consent  of  Virginia  previous  to  the  erection  of 
the  government.     Indeed,  he  was  disposed  to  obtain  this  chan- 
nel for  commercial  intercourse,  so  indispensable  to  the  future 
prosperity  of  the  country  by  a  Spanish  connexion,  if  our  go- 
vernment could  not,  or  would  not  procure  it.     lie  is  said*  to 
have  observed  in  debate,  that  "  Spain  had  objections  to  grant- 
ing the  navigation  in  question  to  the  Ujiited  States;  it  was  not 
to  be  presumed,  that  Congress  would  obtain  it  for  Kentucky,  or 
even  the  western  country,  only — her  treaties  must  be  general. 
There  was  but  one  way,  and  but  one,  that  he  knew  of  for  ob- 
viating these  difficulties;  and  that  was  so  fortified  by  constitu- 
tions and  guarded  by  laws,  that  it  was  dangerous  of  access,  and 
hopeless  of  attainment  under  present  circumstances.     It  was 
the  certain  but  proscribed  course,  which  had  been  indicated  in 
the  former  convention,  which  he  would  not  now  repeat;  but 
which  every  gentleman  present  would  connect  with  a  dcclara- 

*  Marslmlll.SlC. 


^  HISTORY   OF   KENTUCKY.  177 

tion  of  independence,  the  formation  of  a  constitution,  and  the 
organization  of  a  new  State;  which,  he  added,  might  safely  be 
left  to  find  its  way  into  the  Union,  on  terms  advantageous  to' its 
interests  and  prosperity.  He  expatiated  on  ihe  prosperous  cir- 
cumstances of  the  country — its  increasing  population — its  rich 
productions,  and  its  imperious  claims  to  the  benefi's  of  com- 
merce— through  the  Mississippi — its  only  outlet.  That  the 
same  difficulties  did  not  exist  on  the  part  of  Spain,  to  concede  to 
the  people  on  the  western  waters,  the  right  of  navigating  the 
river,  which  she  had  to  a  treaty  with  the  United  States,  there 
were  many  reasons  for  supposing.  That  there  was  information 
of  the  first  importance  on  that  subject,  within  the  power  of  the 
convention;  which  he  doubted  not  would  be  equally  agreeable 
for  the  members  to  have,  and  the  gentleman  who  possessed  it  to 
communicate."  Such  is  represented  as  the  material  substance 
of  Wilkinson's  speech  by  Mr.  Marshall,  taken,  as  supposed 
from  the  notes  of  Colonel  Thomas  IMarshall,  whose  accuracy 
on  another  part  of  this  debate,  was  vouched  for  by  Judge 
Thomas  Todd,  when  summoned  before  a  legislative  committee 
in  1806.  A  member  of  the  convention  then  desired  Mr.  John 
Brown,  who  was  meant,  to  communicate  what  he  knew.  In 
reply  to  this  invitation,  Mr.  Brown  said,  "that  he  did  not  think 
himself  at  liberty  to  disclose  what  had  passed  in  private  con- 
ferences between  the  Spanish  minister,  Don  Gardoqui,  and 
himself;  but  this  much  in  general  he  would  venture  to  inform 
the  convention — that  provided  we  are  unanimous,  every  thing 
we  could  wish  for  is  within  our  reachP  This  backwardness 
does  not  fully  agree  with  the  letters  of  Mr.  Brown  to  the  two 
judges  previously  mentioned.  In  one  of  these,  he  communicates 
the  Spanish  minister's  declaration  "with  his  permission.^'*  The 
truth  seems  to  be,  that  the  party  in  favor  of  the  immediate 
separation  and  independence  of  Kentucky,  was  not  fully  con- 
fident of  its  strength,  and  of  the  popular  support.  None  of  them 
seem  to  have  spoken  out  with  the  boldness  of  Wilkinson,  or 
with  the  unreserved  and  manly  spirit  worthy  of  the  interests  of 
Kentucky,  painful  as  the  course  would  have  been,  which  these 
interests  pointed  out.  Nothing  further  was  done  at  this  time  in 
regard  to  the  Spanish  overtures. 


178  HISTORY    OF   KEXTUCKY. 

It  would,  indeed,  be  most  unbecoming  Kentucky  to  upbraid 
those  who  were  most  forward  in  promoting  what  they  deemed 
to  be  her  prosperity,  and  who  were  actuated  by  a  patriotism, 
which,  whatever  else  may  be  said  of  it,  was  zealously  devoted 
to  her  interests  in  the  peculiar  posture  of  affair'.     The  author 
will  not  join  in  any  reproaches  of  the  kind.  After  this  brief  and 
general  response  of  Mr.  Brown,   Wilkinson  again  rose  and 
offered  to  read  an  essay  on  the  navigation  and  trade  of  the 
Mississippi,  which  had  been  addressed  by  him  to  the  Governor 
and  Intendant  General  of  Louisiana.     The  reading  was  called 
for,  and  so  satisfactorily  had  it  treated  upon  the  interests  of 
Kentucky,  that  the  author  received  the  unanimous  thanks  ol 
the  convention  "  for  the  regard  he  therein  manifested  for  the 
interests  of  the  western  country."     The  reader  is  referred  to 
the  appendix  as  the  most  appropriate  place  for  the  abstract  of 
the  essay.  Could  the  views  of  the  court  party  in  this  convention 
have  been  very  obnoxious  to  the  country  gentlemen,  when  this 
vote  of  thanks  was  accorded  to  the  prominent  member  of  the  oppo- 
site party,  and  when  he  was  constantly  employed  on  the  prin- 
cipal committees?  This  presumption  seems  irresistible  in  favor 
of  Wilkinson  and  his  friends.     On  the  8th  of  the  month,  after 
the  postponement  of  a  report  from  a  committee,  (of  which 
Messrs.    Edwards,   Marshall,   Muter,    Wilkinson,   ahd   some 
others,  were  members)  appointed  to  report  an  address  to  Vir- 
ginia, "for  obtaining  the  independence  of  the  district  of  Ken- 
tucky, agreeably  to  the  late  resolution  and  recommendation  of 
Congress."  Wilkinson  offered  the  following  preamble  and  reso- 
lution: *"  Whereas  it  is  the  solemn  duty,  so  it  is  the  ardent 
desire  of  this  convention,  to  pursue  such  measures  as  may  pro- 
mote the  interest  and  meet  the  approbation  of  their  constituents- 
but  the  discordant  opinions,  which  at  present  divide  the  «i-ood 
people   they  represent,  render  it  doubtful   whether  they  can 
adupt  any  plan,  which  will  embrace  the  opinions  of  all,  or  even 
secure  the  support  of  a  majority— in  this  state  of  embarrass- 
ment, perplexed  with  doubt,  and  surroimded  by  difficulties;  in 
order  to  avoid  error,  and  to  obtain  truth;  to  remove   the  jeal- 

*  Marshall  I,  320. 


HISTORY   OF  KEXTUCKV.  179 

<3Usies  which  have  infected  society ;  and  to  restore  that  spirit  of 
harmony  and  concord,  on  which  the  prosperity  of  all  depends; 
they  deem  it  most  eligible  to  address  th^ir  constituents  on  the 
momentous  occasion :  Resolved,  that  a  committee  be  appointed 
to  draft  an  address  to  the  good  people  of  the  district,  setting 
forth  the  principles  from  which  this  convention  act;  represent- 
ing to  them  their  true  situation,  urging  the  necessity  of  union, 
concord,  and  mutual  concession,  and  solemnly  calling  upon 
them  to  furnish  this  convention  at  its  next  session,  with  in- 
structions in  what  manner  to  proceed,  on  the  important  subject 
to  them  submitted." 

In  pursuance  of  this  resolution,  Messrs.  Wilkinson,  Innes, 
Jouett,  Muter,  Sebastian,  Allen,  and  Caldwell,  were  appointed 
the  committee,  but  no  further  notice  appears  of  the  address 
ordered.  This  measure  seems  to  have  looked  to  instructions 
about  separating  from  Virginia  without  her  consent,  and  possi- 
bly to  arrangements  for  the  Mississippi  trade ;  although  they 
do  not  in  so  many  words,  appear  upon  its  face.  But  upon  what 
else,  were  instructions  wanting,  or  unanimity  required?  It 
was  not  upon  the  separation  in  the  ordinary  legal  way;  for  no 
dispute  existed  upon  that  measure;  thus  the  popular  appeal 
must  have  been  intended  to  be  brought  to  bear  upon  some  sub- 
jects, on  which  opinions  w-ere  divided.  These  were  the  topics 
mentioned  before,  and  what  then,  were  so  likely  as  these,  to  be 
intended  to  experience  the  influence  of  popular  sentiment  in 
uniting  parties,  and  giving  ascendency  to  a  course  of  measures 
diflferent  tVonithe  legal  separation?  Whatever  force  this  con- 
jecture may  have,  and  it  is  only  presented  as  a  probable  infer- 
ence, addresses  to  Congress  and  Virginia  were  adopted;  which 
appear  in  the  appendix  to  this  history,  and  the  convention  ad- 
journed till  the  first  Monday  in  August,  1789.  Thus  passed  off 
a  most  important  and  critical  convention  of  Kentucky,  which 
might  well,  had  they  been  more  harmonious,  have  organized  a 
government  for  the  district;  as  they  had  been  authorized  to  do, 
and  which,  in  the  words  of  Wilkinson,  "  might  have  safely  been 
left  to  find  its  way  into  the  Union,  on  terms  advantageous  to  its 
interests  and  prosperity.""     It  is,  perhaps,  too  much  a  matter  of 


180  HISTORY   OF   KENTUCKY. 

mere  curiosity,  to  speculate  upon  what  would  have  been  the 
consequences  of  having  organized  the  government  on  this  occa- 
sion, instead  of  waiting  four  years  more.  But  it  may  securely 
be  said,  that  the  treasonable  nature  of  such  a  measure,  is  a 
perversion  of  the  whole  doctrine  of  popular  government,  be- 
tween such  masses  of  people,  as  the  communities  of  Virginia 
and  Kentucky;  and  above  all,  under  the  difficulties  of  form, 
which  had  alone  obstructed  the  wishes  of  both  parties  to  be 
separate  States.  In  another  point  of  view,  Kentucky  would  by 
having  organized  her  government  immediately,  have  gained* 
"  immense  sums  of  money  which  were  paid  into  the  treasury 
of  Virginia  in  completing  titles  to  the  Kentucky  lands;'' 
"  above  one  million  and  a  half  acres  of  the  best  land  in  the 
district,  which,  in  the  four  following  years,  were  swept  away 
by  Virginia  n.ilitary  land  warrants,  would  have  been  the  patri- 
mony of  Kentucky."  This  latter  advantage  was  secured  by  a 
clause  in  the  first  act  of  separation  surrendering  to  Kentucky, 
all  lands  unlocated  in  the  district,  after  the  1st  of  September, 
1788.  The  path  of  colonizing  and  sub-independence,  since  so 
frequently,  so  fearlessly,  and  so  prosperously  trod  by  various 
sections  of  the  American  people,  was  then  first  to  be  travelled 
and  explored  by  the  statesmen  of  Kentucky,  like  the  other  wil- 
derness, which  the  hunters  had  so  nobly  penetrated  without  a 
trace  or  a  guide.  No  wonder,  then,  that  our  countrymen,  who 
have  ever  been  distinguished  for  their  reverence  for  order,  were 
reluctant  to  step  beyond  the  strict  confines  of  the  statute  of  sepa- 
ration, on  the  part  of  the  parent  commonwealth.  Yet  it  would  not 
necessarily  have  followed,  that  the  new  State  should,  on  the 
eve  of  a  new  experiment  for  managing  the  affairs  of  the  con- 
federacy, so  far  have  overcome  all  the  obstacles  of  manners, 
language,  religion,  government,  and  national  prejudice,  as 
to  have  fallen  into  the  train  of  Spanish  provinces.  When 
Kentucky  had  maintained  her  loyalty,  in  spite  of  sufferings 
under  the  nominal  government  of  the  old  Congress,  and  had 
withstood  the  strong  temptations,  that  had  urged  her  to  abandon 
the  confederation,  and  set  up  for  herself;  it  would  be  as  unjust, 

*  Political  Transactions,  page  S3,  by  William  Llttell. 


HISTORY   OF   KENTUCKY.  181 

as  improbable,  to  impute  a  disposition  at  this  time  for  a  foreign 
connexion,  which  she  had  disdained  in  her  weakness  and  dis- 
tress, as  well  as  in  the  imbecility  of  the  general  government. 
Yet  without  such  a  disposition  on  the  part  of  the  great  mass  of 
the  people  of  Kentucky,  the  project,  and  its  imputation,  would 
be  alike  groundless,  and  destitute  of  all  reasonable  probability. 
It  may  serve  to  illustrate  the  state  of  the  country  to  record, 
that  on  the  very  day  this  most  interesting  convention  full  of 
"  high  debate''  adjourned,  *"  a  party  of  Indians  way-laying  the 
main  road  from  Lexington  to  Limestone,  fired  on  some  wagon- 
ers near  the  Blue  Licks,  killed  one  of  them,  scared  away  the 
rest,  and  took  the  horses."  At  the  ensuing  session  of  the  Legis- 
lature of  Virginia,  the  county  of  Mason  was  erected  out  of  the 
county  of  Bourbon,  to  lake  eftect  on  the  1st  of  May,  1789. 
During  this  same  session  also,  a  third  act  of  separation  was 
passed  on  the  '29th  of  December,  1788:  Avhich  contained  some 
new  conditions  "highly  exceptionable  to  Kentucky,  and  justly 
so."  One  of  these  went  to  subject  this  infant  commonwealth, 
which  had  been  rocked  amid  the  warwhoop  and  the  rifle,  plun- 
dered by  Indians,  and  shut  up  by  Spaniards,  to  the  paymoiit  of 
a  portion  of  the  domestic  debt  then  existing  against  Virginia. 
This  was  required  for  the  expeL:ises  incurred  on  account  of  the 
district  by  military  operations,  since  the  first  act  of  separation. 
The  other  condition,  which  displeased  the  district  was,  an  en- 
actment, which  would  have  kept  Kentucky  dependent  on  the 
consent  of  the  Legislature  of  Virginia  as  to  the  time  for  com- 
pleting the  titles  of  the  officers  and  soldiers  on  the  State  and 
continental  establishments  of  Virginia,  to  the  bounty  lands  as- 
'  sio-ned  them  in  the  district,  for  their  military  services.  Little 
stress  need  be  placed  on  those  obnoxious  clauses;  engendered, 
let  it  be  recollected,  by  the  unorganized  state  of  the  district, 
since  they  were  readily  rescinded  on  the  remonstrance  of  the 
subsequent  Kentucky  convention. 

In  January  of  this  year,  the  first  elections  were  held  for 
choosing  the  new  President  and  Vice  President  of  the  United 
States.     No  votes,  however,  were  given  in  Kentucky  for  these 

»  Marshall  I,  341. 

Q 


182  HISTORY    OF   KENTrcKY, 

high  executive  officers;  from  what  causes,  it  has  not  been  possi- 
ble to  ascertain.  The  new  government  of  the  United  States 
commenced  its  operations  on  the  4th  of  March,  1789;  an  era 
which  should  be  ever  dear  to  all  good  Americans,  and  most  sig- 
nally so,  to  the  patriots  of  this,  then  exposed,  and  frontier  State. 
New  scenes  of  military  vigor  and  political  eiliciency,soon  began 
to  dawn  on  this  remote  province  of  the  republic;  until  it  has 
beamed  "  the  perfect  day."  Can  it  be  necessary  to  record, 
about  this  election,  for  the  first  President  of  the  United  States, 
what  must  be  embalmed  in  the  heart  of  every  patriotic  Ameri- 
can; that  George  Washington,  "the  first  in  war,  the  first  in 
peace,  and  the  first  in  the  hearts  of  his  countrymen,*'  re- 
ceived their  unanimous  voles  fur  this  last,  but  splendid  testimo- 
nial of  their  continued  regard  for  his  great  services,  and  emi- 
nent abilities?  The  elder  Adams,  of  such  solid  abilities,  and 
devoted  zeal  to  the  interests  and  the  liberties  of  bis  country, 
v/as  placed  in  the  Vice  Presidency;  second  but  to  Washing- 
ton alone,  in  the  dignities  and  the  gratitude  of  his  country. 
To  the  new  President  elect  Colonel  Thomas  Marshall,  Sen.  * 
'••  wrote  an  account  of  the  district,  and  of  such  symptoms  of 
forcijin  intrigue,  and  internal  disaffection,  as  had  manifest- 
ed themselves  to  him,"  "  the  names  of  Wilkinson  and  Brown" 
were  "  alone  mentioned  among  the  implicated."  In  this  com- 
munication Colonel  Marshall  was,  it  ought  not  to  be  doubted, 
actuated  by  an  honorable  zeal  for  the  interests  of  his  country; 
thousfh  the  author  is  compelled  to  say,  from  the  evidence  now 
accessible,  a  mistaken  one ;  of  which,  both  he,  and  his  illustrious 
cnrrcppondent,  were  afterwards  convinced.  This  iiitercnce 
flows  from  a  letter  of  General  Washington  to  Colonel  Marshall, 
as  follows:  j"  I"  acknowledging  the  receipt  of  your  letter  of 
the  11th  of  September,  (17S)0)  I  must  beg  you  to  accept  my 
thanks  for  the  pleasing  communication  which  it  contains  of  the 
rrood  disposUio7i  of  the  people  of  Kentucky  towards  the  govern- 
ment of  the  United  States.  I  never  doubted  but  that  the  opera- 
lions  of  this  government,  if  not  perverted  by  prejudice  or  evil 

*  Marshall  I.  :!4't. 
t  Political  Transadions  liy  William  Littcll- 


HISTORY   OF    KEXTUCKY.  1S3 

designs,  would  inspire  the  citizens  of  America  with  such  conti- 
dence  in  it,  as  effectually  to  do  away  these  apprehensions 
which,  under  our  former  confederation,  our  best  men  entertained 
of  divisions  among  ourselves,  or  allurements  from  other  nations. 
I  am  therefore  happy  to  find,  that  such  a  disposition  prevails 
in  your  part  of  the  country,  as  to  remove  any  idea  of  that  evil, 
which  a  few  years  ago  you  so  much  dreaded.^"*  This  letter, 
taken  in  connexion  with  the  subsequent  appointment  of  Wilkin- 
son to  be  a  Lieutenant  Colonel  in  the  army,  at  the  recommen- 
eation  of  Colonel  Marshall,  as  well  as  others,  and  the  repeated 
military  commissions  of  high  trust  and  expressions  of  thanks, 
as  will  hereafter  appear,  to  Messr>.  Brown,  Innes,  Scott,  Shel- 
by, and  Logan,  amply  confirm  the  idea;  that  the  imputed  dis- 
affection of  any  of  these  distinguished  citizens  to  the  Union  of 
the  States,  had  been  abandoned  by  Colonel  Marshall  himself; 
and  most  certainly  by  Washington,  if  ever  admitted  to  disturb 
his  serene  and  benevolent  mind.  Connected  with  this  commu- 
nication to  Washington,  is  an  account  of  a  visit  from  Dr. 
Conolly ;  the  same  gentleman  on  whose  confiscated  land  at  the 
falls  of  Ohio,  the  city  of  Louisville  had  been  laid  out.  This 
emissary  of  Lord  Dorchester,  the  Governor  General  of  Canada, 
had,  in  the  preceding  November,  under  pretence  of  looking 
after  his  confiscated  land  in  Kentucky,  in  the  course  of  his  visit, 
called  at  the  house  of  Colonel  Marshall,  accompanied  by  Colo- 
nel J.  Campbell,  of  Louisville.  His  business  was  to  sound  the 
leading  men  of  Kentucky,  on  the  subject  of  a  connexion  with 
Great  Britain  in  any  attempt  upon  the  provinces  of  Spain.  The 
great  recommendation  of  the  ])roposition  held  out  by  him  was, 
obtaining  the  navigation  of  the  Mississippi,  so  dear  to  Ken- 
tucky.* "  Four  thousand  troops  were  said  to  be  ready  to  march 
at  a  moment's  warning,  in  furtherance  of  the  project."  In  reply 
to  these  insinuations,  Colonel  Marshall  observed,  that  the  reten- 
tion of  the  western  posts,  and  the  supposed  encouragement  of 
the  Indians  by  British  authority,  forbade  any  reliance  upon  the 
friendship  of  that  government.  The  Doctor  promised  to  repre- 
sent these  matters  to  the  Governor  General,  and  "  invited  a 

t  Alarshall  1, 3^6. 


184  HISTORY   OF  KENTUCKV. 

coi'respondence,  which  was  promised  in  case  he  would  set  the 
example ;"  it  was,  however,  never  begun.  From  Colonel  Mar- 
shall, the  Doctor  went  to  see  General  Wilkinson  at  Lexington ; 
where  the  rumor  getting  out,  that  he  was  a  British  spy,  a  com- 
motion arose  among  the  inhabitants  of  that  high  spirited  towny 
which  endangering  the  safety  of  ConoUy,  "  he  was  privately 
conveyed  or  escorted  to  Limestone,  and  thus  ended  the  only 
British  intrigue  in  Kentucky."* 

The  elections  for  the  ensuing  convention  took  place  in  April, 
when  Messrs,  Thomas  Marshall,  Muter,  Shelby,  Edwards,  and 
McDowell,  were  again  elected  members:  Wilkinson  was  too 
immersed  in  his  private  affairs  to  be  a  candidate. 

Instances  of  Indian  depredation  and  killing  took  place  in  al- 
most every  direction,  near  the  Crab  Orchard  on  the  south,  on 
Floyd's  fork  and  Drennon's  lick,  on  the  north,  and  on  North 
Elkhorn,  in  the  interior;  but  otherwise  too  insignificant  to  nar- 
rate more  minutely.  They  only  serve  to  show  the  wide  spread 
insecurity  and  individual  danger,  which  still  hung  over  the 
population  of  Kentucky.  Yet  at  this  very  time,  about  the  mid- 
dle of  July,  the  Governor  of  Virginia  informed  the  county 
Lieutenants  of  the  district,  that  the  State  was  no  longer  required 
to  defend  the  western  frontiers;  as  the  President  of  the  United 
States  had  stationed  a  federal  force  on  the  Ohio  for  that  pur- 
pose, and  ordering  them  to  "immediately  discharge  ail  the 
scouts  and  rangers  employed"  in  their  respective  counties.  On 
the  20ih  of  the  month,  the  seventh  convention  assembled  at  the 
usual  place,  for  the  purpose  of  devising  new  measures  about 
the  old  question  of  separation,  on  which  all  parties  were  agreed; 
but  which,  by  some  infatuation,  none  could  eflbct.  If  the  states- 
men of  Kentucky  did  not  become  profoundly  versed  in  the  na- 
ture of  fundamental  regulations  for  the  government  of  society, 
it  could  not  be  owing  to  the  want  of  opportunity  for  considering 
the  interesting  subject.  The  first  point  which  occupied  the 
attention  of  the  asf^cmbly  was,  the  new  provisions  inserted  in 
(ho  last  act  of  Virginia,  which  they  resolved  'Ho  be  injurious  to, 

t  A  aiinilar  disturbance  threatened  the  Doctor  in  the  neighborhood  of  Louisville. — 
Captain  Hughes. 


nrSTORY   OF   KENTUCKY.  185 

and  inadmissible  by  the  people  of  the  district;"  and  they  accord- 
ingiy,  memorialized  the  Legislature  of  Virginia,  "  requiring 
such  alterations  in  the  terms  at  present  proposed  to  this  district 
for  a  separation,  as  will  make  them  equal  to  those  formerly 
offered  by  Virginia,  and  agreed  to  on  the  part  of  the  said  dis- 
trict of  Kentucky."  The  prayer  of  the  memorial  was  imme- 
diately granted  by  Virginia,  and  a  new  act  conforming  its 
provisions  to  this  determination,  was  passed  on  the  18th  of 
Decembar,  17S8;  protracting  the  proceedings  on  the  part 
of  the  district,  to  another  year,  in  this  extraordinary  race  of 
disappointment. 

At  this  convention  was  begun  the  practice  of  resolving 
against  the  importation  and  use  of  foreign  goods;  especially 
those  of  fine  quality;  which  has  been  rather  a  favorite  pro- 
ceeding at  different  times  in  Kentucky.  Yet  no  principle  of 
political  economy  is  better  attested  by  the  whole  experience  of 
society;  than  that  of  the  superior  competency  of  private  interest 
to  protect  its  own  affairs,  to  that  of  any  guardianship  of  public 
bodies,  however  benevolently  intended.  If  political  assemblies 
did,  indeed,  concentrate  the  wisdom  of  society,  which  their 
theory  supposes;  and  which  the  thorough  education  of  society 
ought  to  furnish;  still  the  eagle-eye  of  self-interest,  the  cease- 
less calculation  of  personal  profit,  would  outstrip  their  most 
sagacious  expectations.  Bat  how  tar  from  this  hypothesis,  i^ 
the  actual  complexion  of  government?  And,  indeed,  there  is 
another  more  important  objection  to  this  interference  of  public 
men  with  private  business;  independent  of  the  voluminous 
lessons  against  its  mischiefs,  presented  in  the  history  of  all  such 
political  superintendence  of  conscience,  education,  and  com- 
merce. Iti?,  that  private  indulgence,  whether  in  dress,-equip- 
age,  food,  buikling,  or  any  other  mode  of  private  enjoyment, 
which  does  not  violate  the  rights  of  others;  is  the  only  efi'ectual 
incentive  to  social  industry,  and  seciu'ity  against  idleness,  and 
consequent  viciousnessof  life.  Abuses  of  this  liberty  may  well 
be  left  to  the  moral  influence  of  society,  and  their  own  opera- 
tion upon  the  private  interests  of  its  members;  certainly  with 
tenfold  effect  to  the  wisest  recommendations  and  resolutions  ot" 


1S6  HISTOEr  OF   EEXXrCKY. 

legislative  bodies.  Mr.  Marshall  epitomizes  these  principles 
in  the  following  forcible  interrogatory:  "  When  will  legislators 
learn,  that  the  only  sumptuary  law  necessary  in  any  society, 
is  one,  to  compel  men  of  all  descriptions,  to  pay  for  what  they 
buy?''''  Besides,  in  an  interior  country  like  Kentucky,  remoyed 
so  far  from  the  general  markets  of  the  world,  njw  tastes,  and 
enjoyments,  are  essentially  wanting,  to  stimulate  its  industry, 
and  to  furnish  products  in  return  for  those  of  foreign  creation; 
these  new  demands  do  not  present  themselves  so  immediately 
before  them,  as  before  people  situated  on  a  sea-board. 

The  letter  of  Governor  Randolph  directing  the  discontinnance 
of  the  scouts  and  rangers  on  the  western  frontier  already  no- 
ticed, was  taken  into  consideration;  and  a  committee  appointed 
to  remonstrate  with  the  Executive  of  Virginia  against  discharg- 
ing these  spies,  "  and  to  state  to  His  Excellency  the  President 
of  Congress  (query,  of  the  U.  States  ?)  the  defenceless  state  of  the 
district,  the  most  probable  mode  of  defence,  the  depredations 
commited  by  the  Indians,  since  the  firsL  of  May  last,  1789;  the 
small  number  aud  dispersed  situation  of  the  continental  troops, 
which  renders  it  impossible  they  can  cither  assist  us,  or  inter- 
cept the  enemy."  In  conformity  to  their  instructions,  the  com- 
mittee addressed  the  Secretary  at  War,  on  the  8th  of  Septem- 
ber; and  on  the  15th  of  the  ensuing  December,  an  answer  was 
received  "  with  assurances  from  the  President,  that  measures 
would  be  taken  for  the  defence  of  the  frontier."  Shortly  after- 
wards, the  President  laid  before  Congress,  a  despatch  from  the 
Governor  of  the  northwestern  territory,  representing  the  exis- 
tence of  Indian  hostilities,  and  that  the  Kentuckians  traversed 
his  territory  to  get  at  the  enemy,  whom  he  was  not  able  to 
chastise;  and  recommending  offensive  measures.  In  conse- 
quence of  this  communication,  the  President  suggested  to  Con- 
gress a  provisional  act  for  calling  out  the  militia:  yet  in  strange 
contrast  with  these  proceedings,  a  treaty  was  proclaimed  as 
made  by  Governor  St.  Clair  with  the  Indians  northwest  of  the 
Ohio.  Indian  depredations,  however,  continued  in  different 
parts  of  the  State,  encouraged  no  doubt,  by  the  continuance  of 
the  British  posts  on  the  lakes,  and  the  greater  supineness  of  the 


IIISTOSY   OP   KENTUCKY.  187 

people  of  Kentucky;  who  were  necessarily  at  this  period,  more 
enHajred  with  their  farms,  tlian  thev  had  been,  in  earlier  and 
more  dangerous  times.  The  settlements  too,  were  more  dis- 
persed, and  the  pursuit  after  the  Indians  less  energetic,  than 
when  the  white  occupation  of  the  country  was  all  at  stake. 

The  fourth  act  of  separation  wliich  was  passed  by  Virginia 
conformably  to  the  wishes  of  Kentucky,  as  formerly  intimated , 
required  a  new  convention  to  assemble  on  the  26th  of  July, 
1790,  to  determine  again  on  the  question  so  repeatedly  answer 
ed  in  the  affirmative,  whether  "  it  was  expedient  for,  and  the 
will  of  the  good  people  of  the  district,  that  the  same  should  he- 
come  a  separate  State,  and  independent  member  of  the  Union, 
on  the  conditions  stipulated:  provided,  that  prior  to  the  1st  of 
November,  in  the  year  aforesaid,  the  government  of  the  United 
S;atcs  release  Virginia  from  her  federal  obligations,  arising 
from  the  district — agree  that  the  proposed  State,  shall  imme- 
diately after  the  day  to  be  fixed  for  separation  by  the  conven- 
tion, be  admitted  into  the  federal  Union:"  which  day  was  re- 
quired to  be  posterior  to  the  1st  of  November,  1791.  Provision 
was  likewise  made  for  electing  a  convention  to  organize  a  go- 
vernment for  the  district.  At  the  same  session,  the  county  of 
Woodford  was  separated  from  Fayette,  the  last  of  the  Virginia 
creations,  to  take  eflect  on  the  Istof  Ma}',  1790. 

Transylvania  seminary,  which  principally  owed  its  estab- 
lishment to  Colonel  John  Todd,  also  experienced  the  liberality 
of  the  legislature,  in  bestowing  on  it  one-sixth  of  the  surveyors' 
fees,  formerly  conferred  on  the  College  of  William  and  Mary. 
This  institution  has  been,  under  various  modifications  and 
diversified  fortune,  the  nucleus  of  literature  and  sound  learning 
in  Kentucky;  around  which,  many  other  institutions,  and  nu- 
merous alumni  have  clustered.  It  was  established  by  an  act  of 
Virginia  in  1780  at  the  establishment  of  Lexington,  on  a  grant 
of  eight  thousand  acres  of  the  fir:?t  land  in  the  county  of  Ken- 
tucky, which  should  be  confiscated.  This  grant  was  com- 
pleted out  of  the  lands,  which  had  been  surveyed  under  British 
authority  for  certain  persons  who  adhered  to  it,  in  the  Revolu- 
tionary struggle.     It  would  be  a  curious,  though  a  difficult  cal- 


188  HISTORY   OP  KENTUCKY. 

culation,  to  estimate  the  important  consequences,  which  this 
most  interesting  institution  has  had  by  its  library,  its  lectures, 
and  its  professoi:s,  on  the  intellect  and  the  morals  of  the  west- 
ern country.  Such  influences  have  been  too  much  and  dis- 
gracefully disregarded,  in  the  actual  legislation  of  Kentucky. 
With  some  indiscreet  land  endowments  of  county  seminaries, 
which  have  been  confided  to  so  many  promiscuous  and  irre- 
sponsible trustees,  as  to  have  been  almost  all  wasted;  the  legis- 
lative patronage  of  Kentucky  to  any  system  of  education  for  its 
rising  generations,  has  been  wofuUy  remiss,  and  practically 
insignificant.  To  this  remark  the  City  of  Louisville  presents 
a  proud  exception,  and  a  model  for  the  rest  of  the  State.  How 
long  shall  any  portion  of  a  people  blessed  with  such  noble  pre- 
rogatives of  freedom,  and  lofty  opportunities  of  high  emprise,  as 
the  American  throughout  their  republics  so  eminently  are ;  con 
tinue  practically  indifterent  to  this  seed  plot  of  their  liberties 
and  of  the  most  glorious  attributes  of  moi-al  and  intellectual 
natures?  The  panegyrics  of  our  statesmen,  the  waste  of  rhet- 
oric in  our  orators  on  the  suhlhne  interests  of  social  education, 
are  but  bitter  sarcasms  and  caustic  satires  on  national  indiffer- 
ence; while  the  children  of  the  republic,  its  future  soul  and 
animation  through  all  the  walks  of  society  and  offices  of  life, 
remain  a  prey  to  the  avarice,  the  ignorance,  the  poverty,  or  the 
indifference  of  their  parents.  This  fostering  of  social  educa- 
tion does  indeed  involve  within  its  influence,  the  permanency 
and  even  desirableness  of  our  institutions  of  popular  power. 
For  let  it  be  engraven  on  the  inmost  fibres  of  every  patriot's 
heart,  that  the  power,  or  in  other  words  the  freedom  of  a  people 
uncultivated  in  mind  and  in  morals,  must  prove  as  pernicious  to 
themselves;  as  by  the  beneficial  economy  of  Divine  Providence, 
it  must  be  short-lived  in  itself  Under  these  solemn  convictions 
of  its  importance,  the  historian  of  Kentucky  may  be  pardoned, 
in  most  earnestly  commending  the  sacred  cause  of  educating 
the  hearts  and  minds  of  her  people,  to  every  citizen  thataspires 
to  the  holy  triumphs  of  benefiting  his  fellow  men,  in  any  of  the 
exertions  of  life.  However  obscure  such  efforts  may  be  at  first, 
or  however  arduous;  they  will  hand  down  his  name  for  memo- 


HISTORY   OF  KENTUCKY.  1S9 

ry  to  delight  to  dwell  on.  Actuated  by  this  holy  impulse,  Ken- 
tucky would  enjoy  not  only  theatres  in  which  should  be  displayed 
the  high  moral  and  intellectual  inHuences  of  education;  but 
the  land  would  be  overspread  with  school  houses  and  teachers, 
that  should  consecrate  society  by  spreading  suitable  lights  of 
science  and  of  learning,  to  every  log  cabin  in  the  Commonwealth. 
Indian  depredations  continued  with  the  succeeding  year,  and 
became  particularly  aggravated  upon  the  Ohio  river,  where 
many  boats  were  taken  and  the  people  killed  or  taken  prisoners. 
Notwithstanding  these  enormities  of  our  savage  neighbors,  the 
Governor  of  Virginia  on  the  complaint  of  Governor  St.  Clair 
of  the  North  Western  Territory,  that  incursions  were  made 
from  Kentucky  on  Indians  in  amity  with  the  United  States^  di- 
rected, that  should  it  be  necessary  on  any  occasion  to  repel  the 
attiick of  an  enemy  within  the  limits  of  the  State;  the  most 
positive  orders  should  be  issued,  that  no  party  should  upon  any 
pretence  whatever,  enter  into  the  territory  either  of  the  United 
States  or  of  any  Indian  tribe.  The  execution  of  such  instruc- 
tions would  have  been  nearly  tantamount  to  surrendering  the 
western  country  to  the  Indians;  as  no  offensive  expedition, 
(which  were  the  only  effectual  ones,)  and  no  pursuit  could  have 
been  carried  over  the  Ohio  river.  The  fact  of  these  Kentucky 
incursiwis  is  however  denied  on  the  authority  of  the  Kentucky 
Gazette,  the  files  of  which  on  being  examined  contained  no 
notice  of  any  expedition  at  or  any  way  near  the  times  alluded 
to  by  the  Governor  of  the  North  Western  Territory.*  Yet  had 
any  parties  of  this  description  have  been  instituted,  the  news 
was  too  deeply  interesting  to  the  whole  country  to  have 
hQm  omitted, 

♦  Political  Transactions,  p.  47. 


190  HISTORY   OP   KENTUCKY. 


CHAPTER  XII. 

Gen.  Harmar'g  Campaign— Eighth  Convention  of  the  District— Separation  from  Virginia 
agreed  upon— Col.  Hardin's  battles— Captain  Hulibel's  defence  against  the  Indians- 
Gen.  Scott's  Expedition— Col.  Wilkinson's  Expedition— Gen.  St.  Clair— Board  of  War 
in  Kentucky— St.  Clair's  defeat— Pretended  retaliation  by  Gen.  Scott. 

The  conlinuance  of  these  aggressions,  at  length  aroused  the 
people  to  rely  upon  their  own  energies  and  again  to  pursue 
their  wily  and  fugitive  enemy,  into  his  own  forests  and  towns. 
For  this  purpose  Gen.  Scott  with  two  hundred  and  thirty  volun- 
teers crossed  the  Ohio  at  Limestone  and  was  joined  by  General 
Harmar  with  one  hundred  i*egulars  of  the  United  States.  The 
party  proceeded  to  the  Scioto  against  a  camp  of  Indians,  but 
tliey  found  it  abandoned.  A  small  detachment  of  thirteen  mea- 
however  surprised  a  party  o^  four  Indians,  who  were  all  killed- 
by  the  first  fire.  Such  particulars  are  too  paltry  and  too  bloody 
for  further  detail.  By  the  13th  of  April,  the  Secretary  at  War 
wrote  to  Harry  Innes,  (who  had  been  appointed  a  Judge  of  the 
United  States  for  the  District  of  Kentucky)  authorizing  him  to 
call  forth  scouts  for  the  protection  of  the  frontier.  On  the  30th 
of  the  month,  Governor  St.  Clair  arrived  at  the  falls  of  the 
Ohio  on  his  way  to  concert  with  General  Harmar  an  offensive 
expedition  against  the  Indians;  and  an  assemblage  of  people  at 
Danville  resolved,  "that  the  frequent  depredations  of  the  Indians 
on  persons  and  property,  made  it  necessary  to  march  against 
their  towns."  A  meeting  of  the  field  officers  of  the  militia  was 
therefore  proposed  at  the  same  place,  on  the  26lh  of  the  month. 
On  this  day,  the  eighth  convention  assembled,  and  after  making 
George  Muter  President,  for  the  eighth  time  renewed  the  reso- 
lution in  favor  of  separation  from  Virginia  on  the  terms  pre- 
scribed in  her  act  for  that  purpose;  accepted  the  conditions 
specified  in  that  act,  as  a  solemn  compact  between  the  two 
States,  and  appointed  the  \st  day  of  June,  1792,  for  the  exis- 
tence of  the  State  of  Kentucky  "as  separate  from  and  indepen- 
dent of  the  State  of  Virginia."  Thus  were  brought  to  a  close,  six 
years'  labors  of  Kentucky  to  become  a  separate  State ;  which,  if 
they  are  not  perfectly   parallel  with  the  labors  of  Hercules, 


HISTOKY   OF   KE-VTICKY.  191 

afford  the  most  provoking  and  tantalizing  series  of  disappoint- 
ments, that  were  ever  calculated  to  try  the  temper,  and  prove 
the  love  of  social  order,  in  any  community.  Such  a  scene  of 
political  trials  would  explode  the  forbearance  of  any  portion  of 
the  American  people  at  this  day;  and  still,  they  were  two  years 
off  the  fruition  of  their  reiterated  wishes.  Addresses  were 
voted  to  the  President  of  the  United  States  and  to  Conoress, 
praying  for  admission  into  the  Union  agreeably  to  the  time 
prescribed  by  Virginia;  they  moreover  directed  the  election  of  a 
convention  for  the  formation  of  a  Constitution,  in  the  month  of 
December,  1791,  allotting  five  representatives  to  each  of  the 
nine  counties  without  regard  to  their  population,  and  limiting  its 
existence  to  seven  months  and  to  assemble  on  the  first  Monday 
in  April  at  the  town  of  Danville. 

The  administration  of  the  general  government  now  began  to 
be  convinced  of  the  perfidy  of  the  Indians,  and  the  impossibility 
of  relying  upon  treaties  alone  to  preserve  the  peace  of  the 
frontiers.  The  Executive  was  indeed  in  favor  of  more  ener- 
getic measures  than  Congress  would  sanction,*  after  having- 
exhausted  magnanimous  offers  of  peace.  So  soon  as  the  fail- 
ure of  negociation  with  the  Indian  tribes  was  ascertained,  the 
government  took  the  most  effective  means  in  its  power,  to  make 
them  feel  the  force  of  arms.  Brigadier  General  Harmar  "an 
intelligent  and  gallant  officer"  of  the  revolutionary  army,  who 
had  been  appointed  under  the  Old  Congress,  was  placed  at  the 
head  of  the  United  States'  troops.  These  amounted  to  320 
men.  The  General  was  authorized  to  calf  upon  Virginia  and 
Pennsylvania  for  detachments  of  militia,  which  made  his 
whole  force  amount  to  11  or  1500.  Insignificant  as  this  may 
now  appear,  it  was  at  that  day,  an  imposing  force  for  Indian 
operations.  The  march  commenced  on  the  30th  of  September, 
1790,  from  Fort  Washington,  now  the  site  of  the  flourishing 
city  of  Cincinnati,  with  a  view  of  attacking  the  Miami  towns, 
often  called  Omi  by  a  corruption  of  the  French  Au,  the  scat  of 
the  present  Fort  Wayne,  on  the  south  side  of  the  ]\Iaumee  at 
the    junction   of  its  head  branches.     After  seventeen  days' 

*  Marshall's  Washington ,  vol.  2,  p,  193, 208. 


192  IIISTOHZ   OP   KEATUCKY. 

march  the  army  reached  the  great  Miami  village,  which  they 
found  set  on  fire  by  the  Indians.  The  enemy  Parthian  like, 
with  their  usual  agility  kept  out  of  the  way  of  the  unwieldly 
movements  of  the  main  body;  till  they  found  their  own  time  and 
opportunity.  The  destruction  of  the  town  with  that  of  large 
quantities  of  corn  and  other  provisions  was  completed.  These 
are  the  most  fatal  blows,  which  can  be  struck  against  such  a 
foe,  next  to  his  personal  destruction. 

While  our  troops  were  encamped  at  the  Indian  towns  a  trail 
of  the  enemy  being  discovered,  a  detachment  of  one  hundred 
and  fifty  Kentucky  militia  with  iome  thirty  regulars    under 
Captain  Armstrong  and  Ensign  Hartshorn,  commanded  by  Col. 
Hardin,  set  out  in  pursuit.     After  having  marched  about  six 
miles  the  detachment  was  surprized  by  a  body  of  Indians,  who 
were  concealed  in  the  thickets  on  each  side  of  a  large  plain ; 
v/hich  they  had  effected  by  going  on,  in  their  trail  for  some 
time,  and  then  returning  on  each  side  of  it,  to  lay  in  ambush 
for  Iheir  pursuers.     When  these  had  fairly  got  between  the 
Indian  lines,  a  fire   was  received   "as  by  a  signal,  from*  about 
seven  hundred  Indians  on  both  sides  of  the  ambuscade,  which 
put  the  militia  to  disgraceful  flight,  without  firing  a  single  shot 
and  left  the  handful  of  regulars  to  meet  the  whole  brunt  of  the 
action.    The  Indians,  under  the  command  of  the  celebrated 
Little  Turtle  whose  Miami  name  was,  Michikinaqwan  or  Meche- 
cunaqua,  as  they  did  at  the  Blue  Licks,  now  rush  3d  upon  the 
overpowered  remnant  of  regulars,  which  defended  itself  "at 
their  bayonet  points  with  the  greatest  possible  obstinacy;"  till 
they  were  all  killed  except  the  two  officers  and  two   or  three 
privates.     Ensign  Hartshorn  was  saved  by  falling  behind  a 
log  in  the  retreat,  which  screened  him  from  the  eye  of  his  pur- 
Buers;  while  Captain  Armstrong  was  preserved  by  plunging 
into  a  swamp,  in  which,  he  sank  up  to  his  neck  within  two  hun- 
dred yards  of  the  field  of  action.     Here  he  remained  the  whole 
night  a  spectator  of  the  war  dance  performed  over  the  dead 
and  wounded   i)odics  of  the  poor  soldiers,   Avho  had  fallen  the 
the  previous  day,  amidst  which,  the  shrieks  of  the  wounded 

*  Ct^ptain  Wells  who  was  with  the  Indians— Western  Review,  vol.  2,  p.  18 1. 


HISTORY   OF   KEXTUCKT.  193 

were  mixed  with  the  horrid  veils  of  the  savages.  A  circum- 
stance,  which  seems  to  imply  most  unusual  bravado  on  the  part 
of  the  Indians;  only  equalled  by  the  unaccountable  inactivity 
of  the  main  army  but  six  miles  from  the  scene  of  action,  and 
after  many  fugitives  must  have  come  in  from  the  flight.  Indeed 
the  two  officers,  so  wonderfully  preserved,  came  into  camp  in 
the  course  of  that  very  night.  In  the  mean  time  the  Indians 
poured  in  from  the  contiguous  towns,  to  reinforce  their  coun- 
trymen. Some  skirmishing  then  ensued  with  Harmar's  scouts, 
l)Ut  nothing  material  happened  until  two  days  after  the  army 
had  left  the  Miami  village;  when  at  seven  or  ten  miles'  distance, 
the  General  ordered  a  halt,  and  on  the  night  of  the  21st*  de- 
tached four  or  five  hundred  militia  with  about  sixty  regulars 
under  Major  \ViHis  again  placed  under  the  chief  command  of 
Col.  Hardin,!  who  was  ordered  to  march  back  and  endeavor  to 
snrprize  the  town.  On  entering  it,  a  small  body  of  Indians 
was  discovered ;  triuch  immediately  fled  and  decoyed  the  militia 
in  tVont,  into  a  pursuit  in  different  directions,  leaving  the  regular 
soldiers  by  themselves.  When  the  dispersion  of  the  militia 
Avas  thus  eflfected,  the  main  body  of  the  Indians  under  the  same 
distinguished  Chief  as  before,  which  had  reserved  itself  for 
this  blow,  attacked  the  regulars  with  the  utmost  fury,  notwith- 
standing the  return  of  some  of  the  militia  on  their  rear.  Noth- 
ing could  exceed  the  intrepidity  of  the  savages  on  this  occa- 
sion;! with  all  undauntedncss  conceivable,  they  threw  down 
their  guns,  and  with  their  tomahawks  rushed  upon  the  bayonets 
of  the  soldiers ;  a  destructive  warfare  to  them  and  very  difier- 
ent  from  their  usual  economy  of  life;  but  with  their  relative 
superiority,  which  our  tactics  of  fighting  by  detachment  had 
given  them,  still  more  destructive  to  the  whites.  While  a  sol- 
dier had  his  bayonet  in  one  Indian,  two  others  would  sink  their 
tomahawks  in  his  head.  The  defeat  of  the  regular  soldiers  was 
most  bloody   and  fatal,  not   one  escaped;  they   all   fell  with 

♦  Marshall's  Washingtoa,  vol.2,  p.  208— MelcatPs Collection,  p.  108. 

t  The  father  of  the  late  Gen.  Martin  D.  Hardin  of  distinguished  ability  and  worth. 

{  Judge  Marshall  represents  tliis  action  to  have  taken  place  on  Imih  banks  of  the  St. 
Josephs;  one  column  under  Col.  Hardin  niarcliedon  the  west  bank  and  two  others  on  the 
eastern  side,  under  Major  Willis  with  the  regulars  and  Major  McMillan  with  the  mili- 
tia—volume  2d,  page  208. 

R 


194  HISTORY    OF   KENTUCKY. 

their  gallant  Major  at  their  head,  bravely  defending  the  cause 
of  their  country;  while  double  the  whole  detachment  and  four- 
teen times  the  numbers  of  the  regular  portion  of  that  detach- 
ment were  but  eight  or  ten  miles  off.  Why  this  wanton  expo- 
sure to  be  beaten  by  detail  should  have  been  encountered5Avhile 
the  main  force  was  kept  inactive  and  not  moved  into  support- 
ing distance;  the  author  is  not  military  critic  enough  to  know. 
To  his  mind  it  appears,  to  have  been  a  most  unnecessary  waste 
of  life,  and  sacrifice  of  superiority  in  favor  of  the  enemy. 

The  militia  before  the  complete  destruction  of  the  regulars, 
had  returned  from  the  pursuit,  which  had  so  fatally  divided 
the  detachment;  and  a  portion  of  them,  with  their  Colonel  was 
brought  into  action.  The  contest  was  maintained  for  some 
time  with  equal  effect,  until  thoy  were  overpowered  by  a  supe- 
rior foe  flashed  with  his  triumph  over  the  regulars;  but  Hardin 
was  compelled  to  retreat,  leaving  the  dead  and  the  wounded  in 
the  hands  of  the  enemy;  who  did  not,  however,  dare  to  pursue, 
much  as  they  delight  in  wreaking  their  vengeance  on  a  flying 
enemy,  next  to  his  surprise.  The  latter  indeed,  they  seem  to 
think  the  very  criterion  of  generalship. 

Great  discontents  arose  between  the  regular  and  militia  por- 
tions of  the  troops,  as  usually  happens  in  the  train  of  other 
misfortunes.  One  party  reproached  the  other  with  unequal 
exertion;  to  both  the  destruction  was  heavy,  the  militia  lost 
from  ninety-eight  to  one  hundred  and  thirty  of  their  number, 
and  had  ten  wounded;  while  the  regular  troops  had  lost  neaily 
gevcnty-three  out  of  three  hundred  and  twenty.  It  mav  well  be 
called  llarmar's  defeat;  when  he  kept  two-thirds  of  his  troops, 
us  unavailing  to  the  support  of  his  detachment,  as  if  they  had 
been  on  this  side  of  (he  Ohio.  What  was  the  usj  of  superior 
numbers,  when  they  were  not  brought  into  action  or  even  to 
appear  before  the  enemy;  which  was  but  ten  miles  olF?  The 
troops  returned  to  Fort  Washington,  by  easy  marches  with  all 
their  artillery  and  baggage  by  the  4fh  of  December.  Courts 
martial  were  called  on  both  General  Ilarmar  and  Col,  Hardin; 
both  were  however  honorably  acquitted.  The  former,  though 
sustaining  a  high  character  as  a  disciplinarian  and  most  gallant 


inSTORY   OF   KENTUCKY.  195 

officer,  was  not  again  orJeraJ  on  command  and  resigned.  Oa 
the  whole,  this  expedition  incftectual  as  it  proved  in  the  main, 
and  defeated  as  it  was  twice  in  detachment  with  great  loss,  gave 
the  Indians  reason  to  triumph  in  their  opposition  to  so  formidable 
an  invasion:  accordingly  the  depredations  of  the  Indians  on  the 
settlements  of  Kentucky  increased  in  ferocity  and  number  par- 
ticularly on  iha  Ohio.  In  the  instance  of  Captain  Ilubbell*  de- 
scending the  Ohio  in  a  family  boat  v/ith  nine  men,  'he  engagement 
with  the  Indians  in  canoes  was  desperate  beyond  the  constant 
horror  of  these  savage  contests :  after  losing  three  of  his  men, 
having  three  more  wounded,  and  himself  shot  through  the  arm, 
he  repulsed  the  enemy  from  the  gunwales  of  his  boat  with  sticks 
of  wood,  and  finally  escaped.  The  distinguished  heroism  of  the 
transaction  will  entitle  it  to  a  place  in  the  appendix.  At  'he 
same  time,  the  boat  of  Greathouse  was  taken  without  resistance, 
so  great  is  the  difference  of  character:  himself  and  a  boy  of 
fourteen  were  instantly  killed  and  a  number  of  others  found 
whipped  to  death  after  having  been  stripped,  tied  to  trees  and 
with  the  appearance  of  lashes  given  by  large  rods,  which  were 
lying  by,  worn  with  use.  It  might  have  been  observed  before 
this  time,  that  Judge  Innesf  in  a  letter  to  Secretary  Knox  of  the 
7th  July,  1790,  had  declared,  that  he  had  "been  intimately  ac- 
quainted with  this  district  from  November  1733  to  the  time  of 
writing;  and  that  fifteen  hundred  souls  have  been  killed  and  ta- 
ken in  the  district  and  migrating  to  it;  that  upwards  of  twenty 
thousand  horses  have  been  taken  and  carried  off";  and  other 
property  to  the  amount  of  at  least  fifteen  thousand  pounds." 

To  give  greater  effect  to  the  defence  of  the  frontier,  small 
posts  were  established  round  the  remote  settlements,  consisting 
of,  from  twenty  to  five  men  which  were  found  vei'y  serviceable 
by  giving  securitj^  and  satisfaction. 

On  the  13th  of  December  the  President  of  the  United  States 
.lecommended  the  adoption  of  the  new  State  of  Kentucky  into 
the  Union,  in  both  affectionate  and  honorable  terms,  which  were 
reciprocated  in  the  addresses  of  both  houses;  then  usual  in  reply 

*  Mete alf's  Collection,  page  14C. 
t  Political  Transactions,  page  58. 


196  HISTORY    OF    KE:<TrCKY. 

to  the  President's  communication.  These  affectionate  expres- 
sions of  the  different  departments  were  realized  on  the  4th  of 
February,  by  passing  an  act  to  admit  Kentucky  into  the  Union 
on  an  equality  with  the  other  States.  The  year  1791  wag  most 
busily  marked  with  Indian  hostilities,  and  military  expeditions 
o«  our  part,  to  repel  and  punish  them. 

In  pursuing  this  defence  of  the  frontiers,  the  administration 
on  consultation  with  Mr.  John  Brown,  then  the  only  member  of 
the  House  of  Representatives  of  the  United  States  from  the 
western  country  of  Virginia,  inc'uding  the  district  of  Kentucky 
as   a  distant   precinct;  adopted  the  following  plan.     Messrs. 
Scott,  Innes,  Shelby,  Logan  and  Brown,  were  appointed  a  local 
board  of  war  for  the  western  countrj',  to  call  out  the  militia  on 
expeditions  against  the  Indians   in  conjunction  with  the  com- 
manding officer  of  the  United  States,  and  to  apportion  scouts 
through  the  exposed  parts  of  the  district.     This  plan  was  the 
result  of  considerable  consultation  and  some  compromise.     When 
Gen.  St.  Clair's  name  was  mentioned  by  Gen.  Hamilton  to  Mr. 
Brown,  as  the  commanding  officer  in  the  west,  the  la  ter  gentle- 
man remarked,  that  without  laying  any  stress  upon  his  misfor- 
tunes during  the  revolutionary  war,  his  sentiments  upon  western 
interests  rendered  him  unpopular  in  Kentucky.     But,  said  Mr. 
Brown,  if  a  local  power  can  be  deposited  in  the  district,  to  or- 
ganize mounted  expeditions  against  the  Indians  in  the  old  way; 
he  would  withdraw  any  objections  to  the  appointment  of  Gen. 
St.  Clair.     This  gentleman  was  accordingly  invested  with  this 
command,  and  the  board  of  war  organized  as  mentioned  above. 
In  consequence  of  this  arrangement,  an  expedition  was  appoint- 
ed and  placed  under  the  command  of  Gen.  Charles  Scott  with 
Wilkinson  as  second  in  command,  at    the  head   of  8  or   GOO 
mounted  men.     The  march  took  place  upon   the  23d  of  May. 
*"By  the  31st,  the  party  had  marched  one  hundred  and  thirty- 
five  miles  over  the  country  cut  by  the  branches  of  White  river 
and  many  smaller  streams  with  steep  muddy  bunks,  presenting 
bogs  of  deep  clay  from  one  to  five  miles  wide  rendered  almost 
impervious  by  brush  and  briars.     The  rain  fell  in  torrents  every 

♦  Metcalfe,  page  110. 


HISTORY   OF   KEXTUCKV.  197 

day — wearing  down  the  horses  and  destroying  the  provisions. 
On  the  first  of  June  an  Indian  Avas  discovered  on  horsehack  in 
an  extensive  prairie,  whom  it  was  in  vain  attempted  to  intercept  ; 
the   march  was   now    hurried  v.ith  all  possible  rapidity  and 
having  come  one  hundred  and  fifty-five  miles  from  the  Ohio, 
two  small  villages  were  discovered  on  the  Wabash.     The  main 
town  was  now  discovered  to  be  four  or  five  miles  in  front.     Col. 
John  Hardin  was  now  detached  with  sixty  men  and  a  troop  of 
lighthorse  under  Capt.  McCay  to  attack  the  towns  on  the  left, 
while  Gen.  Scott  marched  with  the  main  body  against  the  prin- 
cipal village,  whose  smoke   was  discernible.     The  attack  was 
gallantly  commenced  by  Capt.  Price,  and  as  the  troops  reached 
the  high  ground  overlooking  the  Wabi.^h,  the  Indians  were  dis- 
covered in  great  confusion,  endeavoring  to  make  their  escape 
over  the  river  in  their  canoes."     Wilkinson  was  ordered  to  rush 
forward  with  the  first  battalion ;  and  the  General  then  savs,  it 
''gained  the  bank  of  the  river,  just  as  the  rear  of  the  enemy 
had  embarked  and  regardless  of  a  brisk  fire  kept  up  from  a 
Kickapoo  town  on  the  opposite  bank,  they,  in  a  few  minutes, 
by  a  well  directed  fire  from  their  rifles  destroyed  all  the  savages 
with  which  five  canoes  were  crowded.     The  enemy  still  kept 
possession  of  the  Kickapoo  town.     "I  determined,"  says  Gen. 
Scott,  "to  dislodge  them;  and  for  this  purpose  ordered  Captains 
King  and  Logsdon's  companies  to  march  down  the  river  below 
the  town,  and  cross  under  the  command  of  Major  Barbee. 
This  movement  was  unobserved,  and  my  men  had  taken  post 
before  they  were  discovered  by  the  enemy,  who  immediately 
abandoned  the  village.  .  About  this  time  word  was  brought  me 
that  Col.  Hardin  was  encumbered  with  prisoners,  and  had  dis- 
covered a  stronger  village  to  my  left,  than  those  I  had  observed; 
which,  ho  was  proceeding  to  attack.     I  immediately  detached 
Capt.  Brown  with  his  company  to  support  the  Colonel;  but  the 
distance  being  six  miles,  before  the  Captain  arrived  the  busi- 
ness was  done,  and  Col.  Hardin  joined  a  little  before  sunset, 
having  killed   six    warriors  and  taken    fifty-two   prisoners." 
Lieut.  Colonel  Wilkinson  was  now  detached  with  three  hundred 
and  sixty  men  in  front,  all  who  could  be  found  in  a  capacity  to 


198  HISTORY   OP   KENTUCKY. 

undertake  the  enterprize.  This  party  attacked  the  important 
town  of  Kethlipecanunk  at  the  mouth  of  Eel  river,  a  western 
branch  of  the  Wabash.  Our  party  came  into  the  vicinity  of  the 
town  before  eleven  o'clock  and  remained  on  their  arms  until 
four  o'clock,  when  in  half  an  hour  more,  it  was  assaulted  in  all 
quarters.  The  enemy  was  vigilant,  gave  way  on  my  approach 
and  crossed  Eel  creek,  which  v/ashed  the  northeast  part  of  the 
town.  The  creek  was  noi  fordable,  but  the  troops  rushed  to 
the  water's  edge  and  poured  in  a  volley,  which  in  five  minutes, 
drove  the  enemy  from  their  covering.  On  the  same  day,  after 
having  burned  the  towns  and  adjacent  villages;  and  destroyed 
the  growing  corn  and  pulse;  the  detachment  began  its  march 
for  the  rapids  of  Ohio,  where  it  arrived  on  the  14th  without  'he 
loss ofa man  by  the  enemy  and  five  only  wounded;  having  killed 
thirty-two,  chiefly  warriors  of  size  and  figure,  and  taken  fifty- 
eight  prisoners."  The  Colonel  very  humanely  discharged  six- 
teen of  his  feeblest  prisoners  with  a  friendly  talk  to  the  Wabash 
tribes.  These  soldierly  expeditions,  more  brilliant  however  in 
appearance  than  destructive  to  the  enemv,  were  followed  in 
the  month^  of  August  by  a  second  volunteer  expedition,  which 
was  placed  by  the  board  of  v»ar  under  the  command  of  Wil- 
kinson. This  party  after  struggling  with  great  diificulties 
arising  from  the  ground  and  their  ignorance  of  the  country ;  at 
length  on  the  7th  inst.  struck  the  Wabash  four  or  five  miles 
above  the  mouth  of  Eel  river;  crossed  the  former  river  until 
they  came  opposite  to  the  town  of  L.  Angiiille,  or  according  to 
the  Indian  sound,  Kenapacomaqua.*  Here,  the  enemy  was 
found  on  their  flight;  a  charge  was  ordered,  which  was  obeyed 
with  the  utmost  alacrity.  "Six  warriors  and  (in  the  hurry  and 
confusion  of  the  charge)  two  S([uaws  and  a  child  were  killed; 
thirty-four  prisoners  were  taken  and  an  unfortunate  captive  re- 
leased, with  the  loss  of  two  men  killed  and  one  wounded."  The 
same  cruel  course  of  destroying  the  crops  was  unavoidably 
pursued,  to  the  amount  offour  or  five  hundred  acres  of  corn  chief- 
ly in  the  milk.  This  had  been  replanted  since  the  destruction 
in  the  previous  June,  and  was  again  in  high  cultivation.     For  an 

»The  lite  of  the  present  Logansport,  Indiana. 


HISTORY   OP   KENTUCKY.  199 

enemy  less  ferocious  and  amenable  to  the  laws  of  civilized 
warfare,  miserable  as  they  are,  the  heart  would  grieve  over 
this  blasting  the  labor  of  the  year  and  the  principal  subsistence 
for  women  and  children.  But  it  is  one  of  the  worst  curses  of 
war,  to  steel  our  hearts  against  the  sufferings  of  our  enemies, 
and  shut  up  the  very  sources  of  compassion.  In  justice  to 
Gen.  Scott  and  Col.  Wilkinson,  it  ought  to  be  mentioned,  that 
they  sternly  forbade  the  practice  of  scalping*  the  enemy,  which 
had  hitherto  characterized  the  white  warrior  as  much  as  the  red 
one.  Both  these  gallant  officers  to  v»hom,  the  western  country 
is  so  much  and  deeply  indebted  for  military  services,  had 
fought  in  fields  of  too  fair  fame  (for  they  were  chiefs  in  the 
revolutionary  struggle,)  to  sully  their  arms  by  these  barbarian 
practices.  They  begin  by  overleaping  the  boundaries  of  mer- 
cy and  humanity  in  one  instance,  almost  inevitabl}'^  prompting 
their  violation  in  others :  till  there  is  no  restraint  on  the  outrages 
of  temper.  This  portion  of  Kentucky  history  almost  entirely 
lay  on  the  northwestern  side  of  the  Ohio  river;  where  the  strug- 
gle between  the  white  and  the  red  men,  was  now  transferred; 
and  which  was  mainly  throughout  the  contest  supported  by  the 
blood  and  valor  of  Kentucky. 

The  general  government,  particularly  the  legislative  depart- 
ment,! finding  so  little  effect  from  the  expedition  of  General 
Harmar;  determined  with  perhaps  too  little  respect  for  the  ene- 
my in  their  own  fastnesses,  to  terminate  the  war  with  the  cam- 
paign; this  is  manifest  by  the  short  enlistment  of  the  troops  for 
six  months.  In  the  course  of  the  ensuing  September,  the  differ- 
ent bodies  of  men  were  collected  at  Cincinnati,  then  Fort 
Washington,  from  the  points  at  which  they  had  been  enlisted, 
to  form  the  new  expedition  against  the  Indians.  The  officers 
are  represented  to  have  been  the  very  elite  of  the  revolutionary 

*  This  savase  custom  is  represented  as  prcvailini;  witli  some  diflerenre,  amon?  the 
Scytliians  in  tiie  lime  ot"  Herodotus.  "They  carried  aliout  tlicin  at  all  times  this  savas'? 
mark  of  triiimi)li;  tlicy  cut  a  circle  round  the  neck,  and  stri|)ped  off  the  skin,  as  they 
would  that  of  an  ox.  A  little  ima^e,  found  anion;;  the  Calinucs,  of  a  Tartarian  deity, 
mounted  on  a  horse,  and  silliiij  on  a  human  skin,  with  scalps  pendent  from  the  hrcasi; 
fully  illustrates  the  custom  of  the  Scythian  pro^tenitors,  as  described  hy  the  Greek  histori- 
an."   Pennant  asquoted  hy  Dr.  Godman,  vol.  J,  p.  ti'J  of  hisNatural  History. 

t  Marsliall's  Washington,  page  193,  vol.  2,  foot  note. 


200  niSTORY   OF   KEXTTJCKY. 

army;  the  men,  however,  were  of  the  most  ordinary  character, 
as  is  hkely  to  have  been  the  case,  just  after  the  close  of  a  long 
war;  and  the  general  engagement  of  the  more  promising  of 
them,  in  the  walks  of  civil  life.  But  a  source  of  difficulty 
greater  than  inferiority  of  character,  presented  itself  in  the 
little  time,  afforded  to  discipline  the  army;  and  unite  men  and 
officers  in  one  cordial  and  efficient  band.  Levies  raised  in  the 
summer,  marched  to  the  field  early  in  the  fall,  against  an  ene- 
my requiring  no  common  portion  of  skill  and  experience  to 
understand  and  to  repel  its  covert,  wily  and  ferocious  tactics ; 
could  scarcely  have  warranted  any  sanguine  anticipations  of 
success.  The  hardy  and  dextrous  habits  of  the  frontier  settler, 
rivetted  and  confirmed  by  a  life  led  in  the  woods,  and  in  the 
mimic  warfare  against  their  tenants,  are  all  brought  into  full, 
and  too  often  unequal  requisition,  in  this  tremendous  encoun- 
ter of  conflicting  states  and  habits  of  society.  How  inadequate 
then  must  have  been  the  preparation  of  those  troops,  many  of 
whom  had  been  gathered  from  the  lazy  and  corrupt  haunts  of 
towns!  No  wonder  then,  that  this  hurried  movement  with  such 
materials;  added  to  the  want  of  confidence  in  regular  troops, 
which  possessed  the  Kentuckians;  particularly  since  the  heavy 
loss  of  life  with  no  adequate  e-Hect,  under  Harmar,  prevented 
any  volunteers  from  <ffering  themselves  in  Kentucky.  Yet  her 
hardy  and  adventurous  people  had  ever  borne  the  brunt  of  In- 
dian hostility  with  the  eagerness,  which  amusement,  rather  than 
a  most  horrid  warfare,  full  of  hardship  and  danger,  was  calcu- 
lated to  inspire.  No  general  officer  in  Kentucky  could  be  found 
to  take  the^mmand,  and  the  requisition  of  the  general  gov- 
ernment ffiJfiSWIliis  had  to  be  filled  by  reluctant  drafts,  for  one 
thousand  men.llfCT^immand  of  whom,  was  given  to  Colonel 
Oldham.*  'I'lie&|jitiv  amounted  to  about  two  thousand  regu- 
lars, including  a  corps  of  artillery  and  several  squadrons  of 
horse;  wjiich  with  the  militia,  made  an  aggregate  of  throe 
thousand  men.  The  expedition  left  Fort  Washington  about  tbe 
first  o£  October  by  the  way  of  Fort  Hamilton,  situated  on  the 

•  The  rather  ota^it^^Bmm^.cna  Major  Oldlmm  and  hu  brother  Oie  /adgo  of  tint 
Muno  in  tbla  city,  anil  WfHMVllcd  in  thia  action. 


HISTORY   OF   KENTUCKY.  201 

Great  IMiami,  in  the  direction  of  the  Miami  towns,  that  were 
tlic  object  of  the  campaign;  and  which  lay  upon   the   Miami, 
or  Maumee  of  the  Lake.     The  old  difficulties  of  Indian  war- 
fare again  presented  themselves,  which  had  always  attended 
the  operations  of  regular  armies,  against  the  savages  of  North 
America:  roads  were  to  open,  bridges  to  build  for  the  convey- 
ance of  artillery  and  stores  j  and  moreover,  forts  to  erect  in 
order  to  keep  up  the  line  of  communication  witht'io  Ohio  river, 
tlie  base  from  uhich  provisions  and  reinforcements  were  to  be 
drawn.      These  various  exertions  were  to  be  made  at  the  close 
of  the  season  for  active  operations  with  ill  c!ad  troops,  and  by 
no  means  the  best  affected,  or  under  the  best  discipline.     An 
ardent  and  vigorous  commander,  might  well  have  failed  in  com- 
batting these  numerous  difficulties;  but  the  government  had 
chosen  Arthur  St.  Clair,  "a  veteran  of  the  revolution  possessed 
of  both  talents  and  experience,  but  old  and  infirm."     The  stern 
and  trying  scenes  of  war  and  a  war  above  all  others  with  wily 
barbarians,  amidst  their  own  embarrassing  fastnesses,  call  for 
sleepless  energy  and   inexhaustible  activity;  these  qualities 
sometimes  survive  the  ardent  period  of  youth  and  middle  age; 
but  much  more  generally  share  the  decline  of  the  other  physi- 
cal powers.     In  no  service  is  ag^,  even  a  green  old  age,  more 
generally  misplaced,  than  in  a  war  against  such  an  enemy  as 
the  Indian.     When  disease  is  added  to  these  natural  sources 
of  debility,  what  but  failure  ought  to  be  expected?     Was  not 
the   employment  of  our  Dearborns  and  Hulls  in  the  late  war 
against  Great  Britain,  a  repetition  of  the  same  errors  as  that  of 
St.  Clair  in  1791?     This  unfortunate  oflicerwas  so  affected  by 
gout,  that  he  could  not  walk,  and  could  neither  mount  or  dis- 
mount a  horse   without  assistance.     Moreover,  as  if  these  dis- 
heartening circumstances  were  not  sufficient;  the  enlisments 
of  most  of  the  men  had  expired  before  tho  campaign  ended, 
and  attempts  had  been  made  to  re-enlist  them  under  circnmstan- 
stances  which  greatly  disaffected  them;  one  or  two  hundred  mi- 
litia too  deserted.     Against  all  these  omens,  General  St.  Clair 
felt  it  to  be  his  duly,  to  satisfy  the  expectations  of  the  govern- 
ment, by  urging  his  march  to  the  Indian  towns.     Before  ho 


202  HISTORY   OF   KEXTTCKY. 

reached  them,  he  had  been  oWiged  to  detach  the  first  regiment 
under  Major  Hamtramck  to  bring  back  his  militia  deserters  and 
to  protect  several  convoys  of  provision,  the  plunder  of  which 
had  been  threatened  by  them.  On  the  3d  of  November,  the 
army  came  to  a  village  situated  on  a  small  tributary  stream  of 
the  Wabash*  about  twelve  yards  wide;  which  Gen.  St.  Clair 
mistook  for  the  St.  Marys,  a  branch  of  the  Maumee.  Here  the 
troops  were  encamped  in  the  following  order,!  "upon  a  very 
commanding  piece  of  ground  in  two  lines,  having  the  above 
mentioned  creek  in  front,  the  right  wing  composed  of  Butler, 
Clarke  and  Patterson's  battalions,  commanded  by  Major  Gener- 
al Butler  forming  the  first  line;  and  the  left  wing  consisting  of 
BediniTcr  and  Gaither's  battalions  and  the  second  regiment 
commanded  by  Colonel  Darke,  formed  the  second  line ;  with  an 
interval  of  about  seventy  yards  which  was  all  the  ground  al- 
lowed.l  The  right  flank  was  pretty  well  secured  by  the  creek, 
a  steep  bank,  and  Faulkner's  corps;  some  of  the  cavalry  and 
their  piquets  covered  the  left  flank.  The  militia  were  thrown 
over  the  creek  in  advance  about  a  quarter  of  a  mile,  and  en- 
camped in  the  same  order."  The  next  day  the  general  had 
intended  to  throw  up  a  slight  work,  the  plan  of  which  was  con- 
certed that  evening  with  Maj.  Ferguson;  and  to  have  moved 
on  to  attack  the  enemy,  as  soon  as  the  first  regiment  liad  come 
up.  The  wily  enemy  did  not  wait  for  this  junction  of  the  force 
opposed  to  them;  but  about  half  an  hour  before  sunrise  on  the 
fatal  4th  of  November  and  just  after  the  men  had  been  dismissed 
from  parade,  the  attack  began  on  the  militia.  This  portion  of 
the  army  soon  gave  way  and  rushed  into  camp  tlirough  the 
battallions  of  Butler  and  Clarke,  throwing  them  into  considera- 
ble confusion,  and  followed  by  the  Indians  at  their  heels;  the 
fire  of  the  front  line  checked  them;  but  almost  immediately,  a 
very  heavy  attack  began  upon  that  line,  and  in  a  very  few  min- 
utes it  was  extended  to  the  second  likewise;  the  great  weight 
of  it  was  directed  against  the  centre  of  each;  where  the  artil- 
lery was  placed  from  which  the  men  were  repeatedly  driven 
with  great  slaughter.     General  St.  Clair,  who,  notwithstanding 

*  Marsball  I,  379.  f  McCIung,  33-1.  J  St.  Clair'a  deapatcli. 


HISTORY   OF   KENTUCKr.  203 

hrs  ilincsp,  was  borne  about  every  where  in  his  litter  into  the 
thickest  of  the  fire,  giving  his  orders  with  the  coohioss  and  self- 
possession  worthy  of  a  better  fortune;  directed  Col.  Darke  to 
rouse  the  Indians  from  their  covert  with  the  bayonet,  and  to 
turn  their  left  flank.     This  was  executed  with  great  spirit;  but 
although  the  enemy  was  driven  three  or  four  hundred  yards, 
for  watit  of  numbers  or  cavalry,  they  soon  returned  and  our 
troops  were  forced  to  give  back  in  their   turn.     The  savages 
had  now  got  into  the  American  camp  by  the  left  flank,  having 
pursued  back  the  troops,  that  were  posted  there:  again  several 
charges  were  made  with  effect:  but  in  these  efforts,  great  car- 
nage was  suffered  from  the  concealed  enemy  and  particularly 
by  the  officers.     Ev'ery  officer  of  the  second  regiment  fell  ex- 
cept three,  more  than  half  the  army  was  killed:  under  this  la- 
mentable  slaughter,    it   became    necessary   to   make   another 
charge  against  the  enemy,  as  if  with  a  view  to  turn  their  right 
flank,  but  in  fact,  to  regain  the  road  from  which,  the  army  were 
intercepted.     This  object  attained,  the  retreat  began  and  soon  de- 
generated into  a  "flight,"  a  "precipitate  one  it  was  in  fact,"  as 
so  honestly  owned,  in  the  simple  and  dignified  despatch  of  Gen. 
St.  Clair.     Arms  were  thrown  away  even  after  the  pursuit  had 
ceased;  the  artillery  was  necessarily  abandoned,  for  not  a  horse 
was  left  to  have  dragged  it  off,  had  that  have  been  practicable, 
and  the  General  was  mounted  on  a  packhorse  "which  could  not 
be  pricked  out  of  a  walk."     "The  rout  continued  quite  to  Fort 
Jefferson  twenty-nine  miles  from  the  scene  of  action,"  which 
was  reached  about  sun  set;  wliile  the  battle  ended  about  half 
after  nine  in  the  morning.     The   troops  were  then  marched 
back  in  good  order  to   Fort   Washington  by  the    8th  of  the 
month.     In   this  disastrous   battle,  which  may  well  be  called 
a  second  Braddock's  defeat,*  (fur  the  loss  in  killed  and  wounded 
amounted  to  nearly  six  hundred,  about  the  same,  as  is  supposed 
with  that  of  the  latter)  all  the  baggage  and  seven  pieces  of  ar- 
tillery were  loft  on  the  battle  ground.     The  behavior  of  the 
Indians  on  this  occasion,  was  singularly  daring ;  after  delivering 

♦Judge  Marshall  represents  Braddock's  force  as  1200,  vol.  l,p.  8,  and  Col.  Jaince  Smltli 
taya  Die  Indians  killed  all  their  prisoners.— Col.  Smith's  narrative. 


204  HISTOEV   OF   KEXrrCKY. 

their  fire,  they  rushed  on  with  their  tomahawks;  one  indeed, 
at  the  sacrifice  of   his  own  life,  darted   into  the  camp  and 
tomahawked  and   scalped    Major  General  Butler  where  his 
wounds  were   dressing,  though  the  Indian  was  instantly  put 
to  death,     A  variety  of  opinion  has  been  expressed  in  regard 
to  the  numbers  of  the  enemv  engajred  in  this  battle:  varvinff 
from  four  thousand  to  ten  hundred :  the  former  estimate  is  ut- 
terly too  extravagant  for  all  our  acquaintance  with  Indian  force. 
Against  General  Wayne,*  they  mustered  but  two  thousand, 
according  to  his  own  account;  and  only  half  that  number  from 
Col.  McKee's  letter  to  Col.  England  at  Detroit;  though  he  had 
been  advancing  against  them  for  two  seasons.     Our  own  force 
engaged  in   the  action,  after    deducting   the    first   regiment, 
amounted  to  about  twelve  hundred  men.  exceeding  in  all  proba- 
bility, the  number  of  the  Indians;  but  with  all  their  gallantry 
and  even  hard  fighting,  wofully  inferior  to  the  enemy  in  effi- 
ciency; had  our  men  flanked  out  according  to  all  Indian  fighting, 
when  thev  had  roused  the  enemv  from  the  grass  and  the  hofrs, 
their  opportunity  would  have  been  at  least  equal  with  them. 
The  truth  is,  that  the  division  of  the  force  was  highly  danger- 
ous;  not  worth  the   deserters  after  whom  a  large  detachment 
v.-as  sent;  and  if  necessary  to  secure  the  provisions  in  the  rear, 
it  had  been  better  effected  by  a  retrogade  movement  of  the 
whole  body;  the  deficiency  of  cavalry  or  mounted  men,  was 
also  most  fatal ;  still  the  radical  error  of  the  campaign   was 
forcing  disaffected,  unprepared  troops  into  such  hazardous  war- 
fare.    It  is  due  to  our  adversaries  to  record,  that  the  Indian 
Chief  t  who  commanded  them  in  this  great  battle  was  Little 
Turtle,  who  had   defeated  Colonel  Hardin  in  Ilarmar's  cam- 
paign; assisted  no  doubt  by  the  Shawnee  chief  Blue  Jacket  and 
the  Delaware  Buckongahelas.     This  eminent  native  chief,  the 
imitator  of  Pontiac  in   influence  and   war,  is  represented  as 
planning  this  attack  in  opposition  to  many  other  chiefs;  and  that 
he  was  arrayed  with  silver   medals  and  jewels  from  the  ears 
and  nose,  in  all  the  foppery  of  Indian  dress  mixed  with  Euro- 

•  Woyne'i  despatch,  Metcalf'E  Collection,  p.  100.    |  Idem  p.  138,  and  TIiAteber'i  IimUmi 
BiogTspby. 


HISTORY   OF   KEXTrcKT.  205 

pean  clothes :  he  it  was,  who  wisely  withdrew  his  countrymen 
from  the  pursuit,  telling  them  they  had  killed  enough  of  the 
Americans.  The  loss  of  the  Indians  in  this  battle  is  not  cer- 
tainly known;  but  in  no  probability,  could  it  be  proportionate 
to  that  of  the  whites;  the  former  fought  mostly  under  cover  of 
loss  or  srass.  while  the  latter  \yere  gathered  into  a  target  for 
the  whole  fire  of  the  enemy.  "An  American  officer  who  en- 
countered a  party  of  thirty  Indians  near  the  battle  ground,  a 
day  or  two  after  the  defeat  (and  was  detained  by  them,  till  they 
believed  him  a  ftiend  from  Canada)  was  informed,  that  the 
number  of  killed  was  fifty-six.'"* 

A  few  weeks  after  this  defeat,  Gen.  Scott  having  raised  a 
volunteer  corps  of  mounted  men,  is  said  to  have  despatched 
some  scouts  to  reconnoiter  the  enemy,  who,  when  they  had  ar- 
rived within  a  few  miles  of  the  battle  ground,!  discovered  a 
large  party  of  Indians  diverting  and  enjoying  themselves  with 
the  plunder  they  had  taken;  riding  the  bullocks  and  to  all  ap- 
pearances generally  drunk.  This  condition  of  things  was 
quickly  reported  to  their  commander;  a  forced  march  wa$  or- 
dered, and  the  corps  being  divided  into  three  parties,  fell  upon 
the  enemy  by  surprize  and  routed  them  with  a  slaughter  of  two 
hundred  killed  on  the  spot;  all  the  cannon  and  stores  in  their 
possession  were  retaken,  and  the  remainder  of  the  savage  body- 
put  to  flight.  Gen.  Scott  in  this  pretended  retaliation  upon  the  In- 
dians, is  represented  to  have  lost  six  men ;  to  give  greater  plans " 
ibility  to  this  tale,  he  is  said  to  have  given  the  following  affecting 
description  of  the  fatal  field  of  St.  Clair's  defeat.  In  the  space 
of  three  himdred  and  fifty  yards  lay  five  hundred  skull  bones; 
and  from  the  battle  ground  for  five  miles,  the  roads  and  woods 
were  strewed  with  skeletons  and  muskets.  This  would  indeed 
have  been  a  retaliation  almost  merited  by  the  bloody  field  of  St. 
Clair;  but  an  a,ttentive  reader  must  have  been  astounded  at  the 
greatness  of  the  alleged  carnage.  Two  hundred  Indians  killed 
would  have  been  a  more  memorable  destruction  of  the  savages 
than  had  ever  been  ascertained,  (it  is  believed,  in  any  one  contest) 
during  the  wars  of  more  than  two  centuries  with  the  European 

•  Thatcher's  Indian  Biography,  vol.  2,  p.  2W.  f  Metcalf,  p.  1-10. 

s 


206  niSTORV    OF   KENXrcKl'. 

race.  But  this  whole  account  is  utterly  fabulous;  the  Ken- 
tucky troops  did  not  go  beyond  the  Eagle  creek  hills  in  their 
own  State,  and  did  not  cross  the  Ohio.  An  actor*  in  the  party 
itself  has  assured  the  author,  that  the  whole  expedition  to  the 
field  of  battle  is  a  fiction:  the  panic  of  the  western  country 
v/^as  too  great  to  admit  of  so  remarkable  an  enterprizc  to  a 
scene,  which  had  filled  the  country  with  dismay  and  with 
inourning.j 

The  elections  for  members  of  our  eighth  and  last  convention 
anterior  to  the  formation  of  the  State,  took  place  in  Decem- 
ber 1791 ;  the  period  of  the  meeting  was  not,  however,  till 
the  first  Monday  in  the  ensuing  April  at  Danville.  In  January 
of  the  latter  year  Colonel  Wilkinson,  who  had  figured  so 
largely  in  the  affairs  of  Kentucky  and  in  her  trade  and  defence 
with  signal  service,  was  appointed  a  Lieutenant  Colonel  in  the 
second  regiment  of  United  States'  troops  and  took  command  of 
Fort  Washington. 

The  old  story,  but  of  melancholy  import  at  the  time,  of  Indi- 
an depredations  continued  from  Danville  to  Louisville;  and  to 
punish  and  prevent  them,  Congress  passed  an  act  fox  the  de- 
fence of  the  western  frontiers. 

It  is  solacing  to  the  feelings  to  turn  from  this  constant  cata- 
logue of  blood,  to  the  rise  of  the  useful  and  peaceful  arts  among 
us,  which  however  could  only  be  secui-ed  by  first  putting  it  out 
of  the  power  of  the  Indians  to  interrupt  their  dcvelopement. 
Higby's  grist  mill  near  Lexington,  and  one  on  Fountain  Blue  near 
Harroik-burg,  were  among  the  earliest  water  mills  in  the  State. 
The  former  was  built  before  the  fall  of  17S5.  To  Messrs. 
Craig  and  Parkers,  Kentucky  is  indebted  for  the  establishment 
of  the  first  paper  mill  near  Georgetown  in  Scott  county. 

But  this  brief  no: ice  of  our  arts  is  again  interrupted  by  the 
din  of  war;  and  yet  the  President  of  the  United  States,  si  ill  in 
much  forbearance,  thought  it  prudent  to  offer  the  Indians  peace. 
Indeed  what  had  we  to  gain  of  these  poor  naked  miserable  sar- 

»  II.  Marshall,  Ei-q. 

t  The  original  sources  of  tliis  mistake,  which  have  imposed  on  Mr.  Trumbull,  Mr, 
McClung  and  Dr.  Metralf,  the  author  has  not  been  able  to  detect. 


niSTOXV   OF   KENTUCKY. 


207 


ages,  but  peace,  and  if  they  would  but  have  granted  it  in  good 
faith,  by  negociation,  much  bloodshed  might  have  been  saved  on 
both  sides.  Notwithstanding  this  disposition  on  the  part  of  the 
United  States,  at  this  very  time,  it  was  ascertained  "that  the 
Cherokees  of  five  towns  would  join  the  Shawnees  in  the  war 
against  Kentucky:"  and  vet  hostilities  were  forbidden  on  the 
part  of  the  whites,   while  the  effect  of  pacific  overtures  was 


ascertaining. 


CHAPTER  Xill. 


Convcmionof  1793 — George  Nicholas — First  Constitution — Boundaries— First  officers  of 
Government— Compensation — intrigues  of  Genet  in  Kentucky — Remonstrances  of 
Gen.  Wasliington  with  Gov.  Shelby— French  attachments  in  Kentucky. 

On  the  first  Monday  in  April,  the  Convention  for  forming  the 
first  Constitution  of  Kentucky  assembled,  as  previoush'  indi- 
cated. The  most  distiusuished  man  in  this  body,  and  who  mav 
emphatically  be  called  the  author  of  the  first  Constitution  of  Ken- 
tucky, was  Geoi^e  Nicholas,  the  most  eminent  lawyer  of  his 
time  in  Kentucky ;  whether  his  learning  or  his  powers  of  mind 
be  regarded,  and  the  father  of  the  present  Judge  Nicholas.  This 
gentleman  had  emigrated  from  Virginia,  about  '90  or  '91,  and 
had  devoted  himself  with  the  most  exemplary  and  untiring  en- 
ergy to  a  profound  and  thorough  comprehension  of  his  complex 
and  intricate  profession.  Presenting  too,  difliculties  of  pecu- 
liar and  novel  embarrassment  in  the  condition  of  our  land  law, 
which  presented  a  terra  incognita  for  the  sagacity  of  Ken- 
tucky Ju^'ges  and  lawyers  to  explore  and  to  coast.  He  is  said 
to  have  devoted  seven  hours  a  day  for  many  years  in  order  to 
reach  a  lofty  standard  of  professional  excellence,  which  he  had 
set  before  his  generous  ambition;  the  allurements  of  company 
were  dis.lained,  and  they  were  left  to  the  hospitalities  of  his 
lady,  when  their  entertainment  came  into  competition  with  his 
professional  studies.  Col.  Nicholas  is  said  not  to  have  been  an 
eloquent'or  graceful  speaker,  although  a  powerful  and  impres- 


208  HISTORY   OF   KE^-TUCKY. 

sive  one,  and  always  possessed  of  great  influence  with  the 
courts  and  of  widely  extended  reputation  with  the  people. 
Next  to  Col.  Nicholas  were  Judges  McDowel  and  Sebastian 
and  Alexander  S.  Bullitt,  all  gentlemen  of  talents,  information 
and  habits  of  public  business.  There  ought  to  be  some  curi- 
osity in  regard  to  the  labors  of  this  convention,*  for  although 
the  Constitution  formed  by  it,  no  longer  directly  governs  the 
affairs  of  Kentucky;  still  it  is  one  of  our  political  muniments; 
and  as  the  earliest  political  fabrick  after  the  revolutionary  war, 
possesses  an  interest  to  which,  no  American  patriot,  much  less 
no  citizen  of  Kentucky  ought  to  be  insensible.  For  this  pur- 
pose an  abstract  of  the  material  parts  of  the  Constitution  of 
1792  is  submitted  to  the  reader.  The  Legislature  was  divided 
as  at  present  into  two  branches,  a  Senate  and  a  House  of  Rep- 
resentatives; the  latter  elected  by  the  free  white  male  resi- 
dents, annually;  the  former  by  electors,  for  four  years.  The 
electors  were  chosen  every  four  years  and  formed  a  college  for 
the  choice  "of  men  of  the  most  wisdom,  experience  and  virtue 
in  the  State  as  Senators  ;*'  and  likewise  at  the  same  time  elect- 
ed a  Governor.  The  peculiar  features  were,  that  the  Senate 
might  fill  its  own  vacancies,  (almost  unavoidable  in  a  body 
chosen  independently  of  any  local  districts :)  and  an  executive 
veto  on  the  disapproved  acts  of  the  Legislature,  which  could 
only  be  invalidated,  by  a  vote  of  two-thirds  of  both  branches  of 
the  Legislature.  Another  peculiar  provision,  not  generally  re- 
coiinized  in  the  south  western  country  of  the  United  States 
was,  that  all  elections  were  directed  to  be  by  ballot.  The 
Supreme  Judiciary  both  as  to  matters  of  law  anJ  equity  was 
constituted  much  as  at  present,  of  one  Supreme  Court  and  such 
inferior  courts  as  the  Legislature  may  establish;  with  one  sin- 
gular provision,  that  it  should  have  original  and  final  jurisdiction 
in  all  cases  respecting  the  titles  to  land  under  the  present  land 
laws  of  Virginia,  including  those  which  were  depending  in  the 
present  Supreme  Court  for  the  district  of  Kentucky  at  the  time 
of  establishing  the  new  Court.  It  was  however  provided,  that 
the  Legislature  might,  whenever  they  thought  it  expedient,  take 

» Its  Journal  still  sluralwrs  in  perishable  manuscript  in  Uie  department  of  States 


HISTORY   OF   KENTUCKY.  209 

away  entirely  this  original  jurisdiction.     The  greatest  depar- 
ture from  the  institutions  of  Virginia  was,  the  election  of  sher- 
itls  and  coroners,  who  were  to  be  chosen  by  the  people  for  three 
years;  provided  they  otherwise  behaved  well.     The  general 
character  of  this  Constitution  evidently  bears  a  strong  simili- 
tude to  that  of  the  United  States;  whose  merits  were  nov/  widely 
diffused  by  the  publication  of  the  "Federalist,"  a  collection  of 
pure,  dispassionate,  learned  and  sagacious  discussions  of  the 
Constitution  of  the  United   States.     This  joint  production  of 
Mr.  Midison,  Judge  Jay  and  Mr.  Hamilton;  if  the  author  were 
not  afraid  of  being  charged  with  hyperbole ;  he  would  denomi- 
nate, a  golden  commentary  on  a  diamond  text.     In  addition  to 
this  perennial  fountain  of  political  wisdom,  may  be  added  the 
diffusion  of  the  constitutions  of  the  other  States,  as  storehouses, 
or  fountains  from  which  to  drav/  constitutional  provisions.     The 
Senate  appears  to  be  an  imitation  of  the  Maryland  body  of  that 
name;  the  election  of  Governor  was  drawn  from  the  Constitu- 
tion of  the   United  States,  as  well  as  the  veto  of  that  ofhcer. 
On  the  whole,  it  strikes  the  writer  as  a  much  better  balanced 
Constitution,   than  our  present,   which  has  swallowed  up  the 
executive  authority  and  left  a  mere  shadow  of  restraint  upon 
the  Legislature.     The  constitution  of  the  Senate  aflforded  the 
probability  of  a  selection   of  more  elevated  character  for  its 
members,  than  oar  present  local  elections;  the  principal  objec- 
tion seems,  the  power  of  filling  its  own  vacancies;  and  in  party 
excitements,  so  constant  under  our  government,  the  irresistible 
one,  of  depriving  the  minority  of  any  representation.     The 
same  remark  may  be  made  in  regard  to  the  election  of  Gover- 
nor; did  not  the  actual  working  of  our  political  system  render 
the  intervening  link  of  electors,  merely  nominal;  whenever  the 
public  mind  has  made  its  selection,  which  it  has  almost  always 
exercised.     The  election  of  fiscal  officers  as  sheriffs   by   the 
people,  seems  incompatible  with  the  pecuniary  responsibilities 
involved  in  the  office.     It  is  almost  sure   to  make  the    sher- 
iff and  his  securities  the  victims  of  indulgence,  inconsistent 
with  private  safety  and  the  punctual  collection  of  taxes.     There 
is  one  effect,  which  the  bringing  of  elections  home  to  the  pco- 


210  HISTORY    OP   KENTUCKY. 

pie  may  produce,  thatmay  eventuate  in  their  corruption,  ortheir 
improvement  j  but  most  probably  in  the  former ;  it  is  the  incessant 
courting  their  favor  for  every  public  employment.  An  intelli- 
gent and  high  spirited  people  ought  to  feel  above  the  low  flatte- 
ry, the  servile  compliance  and  often  the  infarnous  misrepresen- 
tation, that  are  to  >  inevitably  incident  to  the  practice  of  elec- 
tioneering. It  has  grown  with  the  growth  of  Kentucky  at  a 
most  fearful  rate;  and  does  it  not  among  other  mischievous 
effects,  tend  to  supersede  the  popular  superintendence  of  its  own 
affliirs  by  tacitly  surrendering  them  to  professed  candidates? 
Let  discussion  take  its  widest  range  within  the  limits  of  deco- 
rum: but  let  the  parties  whose  qualifications  and  merits  may 
be  the  subject,  be  kept  out  of  the  interested,  and  consequently 
intemperate  pai'ticipation.  The  author  entertains  no  great 
faith  in  institutions  to  protect  the  people  against  the  mischiefs  of 
their  own  ignorance  or  vice;  and  above  all,  by  recognizing 
different  classes  of  interest,  whether  of  property  or  rank;  the 
only  effectual  influence,  which  can  radically  ameliorate  society 
is,  the  diff'usion  of  moral  and  intellectual  cultivation  with  the 
protection  of  honest  industry  in  the  enjoyments  of  its  fruits. 
Still  good  government  is  an  institution,  which  affords  a  reason- 
able probability  for  bringing  the  intelligence  and  virtue  of  so- 
ciety into  the  management  of  its  affaii's  consistcnf.lt/  with  the 
ivill  of  the  people.  No  free  government,  and  therefore  gener- 
ally no  good  one, can  protect  the  people  against  their  own  will; 
however  corrupt  and  misdirected  it  maybe;  all  then,  which 
the  machinery  of  government  can  effect,  is,  to  check  the  hasty 
and  rash  impulses  of  the  popular  sentiment  for  some  short  time; 
till  it  has  had  the  opportunity  to  correct  itself.  In  reverencing 
the  ultimate  sovereignty  of  the  people,  we  should,  under  the 
influence  of  a  genuine  patriotism,  abstain  most  religiously  from 
inciting  the  peojjle  to  dispense  with  these  safeguards  to  the 
salutary  exercise  of  their  authority.  Power,  let  it  ever  be  im- 
pressed on  the  hearts  of  a  free  people,  is  just  as  susceptible  of 
disregard  and  injustice  to  the  rights  of  others  in  their  hands,  as 
in  governments  of  more  exclusively  individual  authority.  When 
so  administered,  as  to  forget  or  to  violate  the  rights  of  others; 


HISTORY   OF   KENTUCKY.  211 

popular  power  becomes  as  rank  tyranny  and  as  gross  oppres- 
sion, as  at  the  hands  of  kings  and  of  princes.  Right  and  justice 
are  founded  in  distinctions,  as  eternal  as  the  Almighty  Mind, 
which  created  them;  and  no  power,  whether  clothed  in  impe- 
rial purple  or  the  more  unpretending,  though  not  the  less  sig- 
nificant insignia  of  a  republic,  can  consecrate  oppression,  or 
lessen  the  wickedness  of  injustice.  Long  may  these  sober 
truths  protect  the  American  people  from  corruption  by  their 
flatterers,  and  save  them  from  tlie  enormities,  which  disgraced 
the  free  governments  of  antiquity,  as  well  as  the  hideous  mis- 
named republic  of  modern  France. 

On  the  19th  of  April  the  Convention  closed  their  labors,  and 
on  the  1st  of  June,  1792,  the  political  existence  of  Kentucky, 
was  consummated  on  an  equality  with  her  co-states,  that  were 
members  of  the  American,  confederation.  The  boundaries  of 
Kentucky  were  recognized  in  the  act  of  separation  on  the  part 
of  Virginia,  as  the  same  which  then  separated  the  District  from 
the  residue  of  the  Commonwealth.  As  these  have  not,  how- 
ever, been  specially  mentioned,  it  may  not  be  improper  to  state, 
that  on  the  east,  commissioners  on  the  part  of  the  two  States 
interested,  on  the  14th  of  October,  1799,  established  the  boun- 
dary to  commence  at  the  top  of  the  Cumberland  mountain, 
where  the  Carolina,  now  the  Tennessee  line,  crosses  the  same; 
and  pursuing  a  northeast  direction  to  the  northeastwardly  branch 
of  Sandy  river  to  the  main  west  branch  and  down  the  same  to 
the  Ohio;  and  on  the  south,  in  1820,  Walker's  line  as  run  in 
1779  and  17S0,  as  far  as  the  Tennessee  river  and  thence  the 
line  run  by  Alexander  and  Munsell  under  the  authority  of 
Kentucky  to  the  Mississippi  river  below  New  Madrid;  on  the 
west,  the  Mississippi,  and  on  the  north,  the  Ohio  river  to  the 
besinninjr,  were  established. 

On  the  fourth  of  June,  the  Governor  and  Legislature  assem- 
bled at  Lexington;  Isaac  Shelby  having  been  chosen  for  the 
former  high  othcc  by  the  college  of  electors  and  Alexander  S. 
Bullitt  and  Robert  Breckenridgc,  both  of  Jefferson  county,  were 
selected  as  speakers  of  the  two  horses;  the  former  of  the  Sen- 
ate, the  latter  of  the  House  of  Representatives.     On  the  sixth, 


212  HISTOnV    OF   KENTUCKY. 

Governor  Shelby  met  the  Legislature  in  person,  as  was  then 
usual,  in  imitation  of  the  ancient  practice  of  the  British  kings, 
as  well  as  of  the  colonial  governors.  A  mode  of  communica- 
tion, which  however  calculated  it  may  be  for  the  display  and 
parade  suited  to  a  brilliant  monarchy,  is  most  unfit  for  the  busi- 
ness intercourse  of  a  simple  and  practical  government.  Under 
this  method  the  interests  of  the  public  were  prematurely  agi- 
tated in  replies  often  surprising  and  committing  the  legislative 
bodies  to  the  approbation  of  measur*es,  before  they  could  well 
be  understood,  or  fairly  have  come  before  the  minds  of  the  rep- 
resentatives. It  was  well  changed  under  the  Presidency  of 
Thomas  Jefferson  for  the  mode  of  intercourse  by  message,  the 
same,  which  had  been  practised  at  all  times,  upon  the  business 
of  the  current  session.  In  this  first  communication  of  a  Gov- 
ernor of  Kentucky,  the  importance  of  establishing  both  private 
and  public  credit  was  represented,  as  the  most  efficient  means 
of  promoting  the  prosperity  of  the  rising  Commonwealth.  To 
secure  the  first,  a  speedy  and  impartial  admini-tration  of  jus- 
tice was  recommended;  and  a  scrupulous  adherence  to  all  pub- 
lic engagements,  for  the  second.  Next  in  importance  to  this 
fundamental  policy  of  all  well  regulated  States,  that  of  adjust- 
ing land  titles  was  represented  as  most  entitled  to  the  earliest 
regards  of  the  Legislature.  In  organizing  the  government, 
James  Brown,  the  brother  of  John  Brown,  the  venerable  and 
honored  statesman  of  Kentucky,  and  himself  subsequently  so 
distinguished  in  the  highest  legislative  and  diplomatic  services 
of  the  United  States,  was  appointed  Secretary  of  State,  and 
George  Nicholas,  Attorney  General:  our  first  two  Senators  in 
the  councils  of  the  Union  were  John  Brown  the  first  and  only 
member  from  Kentucky  of  the  old  Congress;  and  John  Edwards 
who  shortly  afterwards  disappeared  from  public  life.  An  ap- 
pointment of  commissioners  for  selecting  a  seat  of  government,  a 
matter  of  great  jealousy  and  contention  between  the  people  of  the 
opposite  sides  of  the  Kentucky  river,  was  then  made  by  the  House 
of  Representatives,  agreeably  to  the  Constitution,  by  nominat- 
ing twenty-one  persons,  from  whom  the  delegations  from  the 
counties  of  Mercer  and  Fayette,  alternately  struck  off  one,  until 


HISTORY   OP  KENXrcKT.  213 

five  gentlemen  were  left;  these  were  Robert  Todd,  John  Ed- 
wards, John  Allen,  Henry  Lee  and  Thomas  Kennedy,  any 
three  of  whom  might  fix  the  seat  of  government.  "A  majority 
of  the  commissioners  met  soon  after  their  appointment  and 
fixed  on  Frankfort,  as  the  proper  place ;"  which,  most  happily 
for  the  interests  of  the  State,  "required  a  concurrence  of  two- 
thirds  of  each  branch  of  the  Legislature  to  change  to  any  oth- 
er point."  The  perfect  eligibility  of  any  place  as  a  seat  of 
government,  is  a  subordinate  consideration  to  its  permanence ; 
no  spot  can  furnish  the  accommodations  and  conveniences  of 
which  it  might  otherwise  be  capable;  and  which  are  so  much 
required  at  a  seat  of  legislation;  when  the  continuance  of  the 
government  is  held  in  suspense;  and  liable  to  be  changed  at 
every  gust  of  caprice  or  passion.  The  waste  of  treasure  in 
public  buildings,  the  injury  and  destruction  to  public  records, 
serious  as  these  mischiefs  are,  diminish  in  comparison  with  the 
paralizing  effects  of  a  fluctuating  policy,  which  works  all  the 
practical  mischiefs  of  the  grossest  perfidy.  A  state  house  of 
stone,  sufficiently  uncouth,  was  soon  erected  at  the  new  seat  of 
government,  which  was  paid  for  principally,  by  the  proceeds 
of  private  contribution;  an  edifice  of  brick  was  erected  at  the 
expense  of  the  State  for  the  accommodation  of  the  Governor. 
At  this  session  the  Judiciary  was  organized,  at  all  times  one  of 
the  most  important  departments  of  government;  indeed  it  is 
that,  which  principally  brings  the  force  of  society  into  contact 
with  the  individual,  by  affecting  his  life,  his  liberty  or  his  prop- 
erty. The  Court  of  Appeals  was  directed  to  consist  of  three 
Judges,*  one  of  whom  was  to  be  styled  Chief  Justice  of  Ken- 
tuck)^,  and  any  two  of  whom  were  to  form  a  quorum :  subordinate 
to  this  Supreme  Court,  were  County  Courts  likewise  created 
by  the  Constitution,  composed  of  the  Justices  of  the  diflerent 
counties,  any  two  of  whom  were  to  consititute  "a  court  of  quar- 
ter sessions  and  any  other  three  a  county  court.  The  Justices 
were  conservators  of  tiie  peace  and  had  jurisdiction  of  gill 
cases  of  less  value  than  five  pounds  (equal  to  sixteen  dollars  and 

*  The  first  Judges  were  Peiijnmiii  Sebastian,  Caleb  Wallace  and  I/arry  Innes  as  Chief 
Justice;  the  latter  declinins  the  oiIice.Geornc  Muter  was  appointed  ia  hisplace  and  Inucs 
was  appointed  United  States'  District  Judge. 


214  UISTORY   OF    KENTUCKY. 

sixty-six  cents)  or  one  thousand  pounds  of  tobacco,  if  a  judg- 
ment was  rendered  for  less  than  one  half  of  either,  it  was  final; 
if  for  more  than  fifty  shillings,  eight  dollars  and  thirty-three  cents, 
or  five  hundred  pounds  of  tobacco,  an  appeal  lay  to  the  quarter 
sessions.  The  county  court,  a  tribunal  of  great  local  value, 
was  to  hold  a  monthly  session;  at  which  it  was  to  take 
cognizance  of  all  cases  of  wills,  letters  of  administration, 
mills,  roads,  the  appointment  of  guardians  and  the  settlement 
of  their  accounts.  In  addition  to  this  catalogue  of  interesting 
municipal  powers,  it  likewise,  without  any  representative 
character,  had  the  power  of  levying  certain  sums  of  money 
upon  the  respective  counties  for  various  objects  of  expense, 
such  as  public  buildings,  bridges  and  the  support  of  the  poor. 
The  jurisdiction  of  the  quarter  sessions  courts  extended  to  all 
cases  at  common  law  and  chancery,  excepting  criminal  cases 
involving  life  or  limb.  The  criminal  jurisdiction  v/as  exer- 
cised by  one  court  called  the  court  of  oyer  and  terminer,  which 
was  held  twice  a  year  by  three  Judges,  from  whose  decision 
there  was  neither  appeal  nor  writ  of  error.  This  sketch  may 
serve  to  convey  some  idea  of  the  earliest  judicial  system,  under 
the  State  government;  the  improvement  of  which  has  been  one 
of  the  most  interesting  and  constant  objects  of  attention  in  the 
legislation  of  the  State.  The  members  of  the  county  courts 
have  continued  eligible  to  the  legislature  and  those  of  the  quar- 
ter sessions  did,  till  1794;  when  they  were  most  properly  pre- 
A'ented  from  thus  confounding  the  diiTcrcntdepartments  of  gov- 
ernment. It  is  said  tlie  oriirinal  draft  of  the  law  creatinjT  the 
quarter  session  courts,  as  furnished  by  the  Attorney  General 
denominated  the  members  of  the  court  Judges,  which  would 
liavc  excluded  them  from  the  Legislature.  On  the  ground  of 
this  exclusion,  the  bill  was  ralher  strangely  returned  by  the 
Governor  and  amended  by  the  Legislature,  so  as  to  insert  Jus- 
tices of  the  pence.  The  economy,  or  more  properly  the  value 
of  money  in  these  times,  is  really  too  remarkable  to  escape 
notice.  The  members  of  Assembly  received  one  dollar  per 
diem  and  twelve  dollars  each  for  the  whole  session;  twenty 
dollars  compensated  the  presiding  olhcer  of  each  house;  fifty 


HISTORY   OP    KENTUCKY.  215 

dollars  the  clerk  and  twelve  dollars,  the  sergeant- at-armsj  these 
considerable  sums,  it  has  rather  sarcastically  been  observed, 
were  in  full  of  all  demands.  The  largest  bill  seems  to  have 
been  that  of  the  public  printer;  well  illustrating  the  scarcity 
and  value  of  mechanics,  by  the  contrast  of  their  compensation, 
with  that  of  the  first  statesmen  of  Kentucky.  It  was  three 
hundred  and  thirty-three  dollars  and  a  third.  No  revenue  hav- 
ing yet  been  collected,  the  treasurer  was  directed  to  borrow 
money.  In  connection  with  this  subject,  the  revenue  system 
of  the  State  and  its  treasury  arrangement  next  present  them- 
selves. Every  hundred  acres  of  land  and  every  slave  not  ex- 
empted by  the  county  court  for  infirmity  or  age,  was  taxed  one 
third  of  a  dollar;  every  horse,  &c.  about  eleven  cents,  every 
head  of  cattle  four  cents;  each  wheel  on  every  coach  or  chari- 
ot one  dollar;  for  every  wheel  of  other  riding  carriages  not 
used  in  ujjriculture  two- thirds  of  a  dollar ;  for  everv  billiard  table 
thirty-three  dollars  and  a  third;  every  ordinary  license  ten  dol- 
lars; every  retail  store,  ten  dollars.  This  revenue  system  was 
carried  into  effect  by  commissioners  appointed  by  the  county 
courts,  whose  business  it  was,  to  take  lists  of  the  taxable  prop- 
erty; the  shei'ifr  was  to  make  the  collection  from  the  people, 
account  with  the  auditor  of  public  accounts  for  the  amount,  and 
pay  the  same  to  the  treasurer  once  a  year.  The  treasury  de- 
partment was  organized  by  appointing  an  Auditor  and  Treas- 
urer. The  former  ofhcer  held  his  office  during  goo  1  behavior 
and  was  charged  \vith  keeping  the  public  accounts  between  the 
State  and  all  other  persons  or  States;  he  audited  the  accounts 
of  all  civil  officers  or  persons  having  claims  against  the  Com- 
monwealth and  issued  warrants  for  such  sums  as  are  expressly 
directed  ."by  law  to  be  paid  out  of  the  treasury."  The  treasur- 
er was  annually  elected  by  joint  ballot  of  both  houses.  It  is 
important  to  observe  that  this  officer  was  emphatically  made  a 
legislative  agent,  and  not  an  executive  one :  his  duties  were  as 
usual  with  such  officers.  Within  this  year  the  Indians  renewed 
their  depredations  within  eight,  miles  of  Frankfort,  on  Russel's 
creek  south  of  Green  river,  in  Madison  county  and  in  Nelson. 
In  consequence  of  the  disasters  experienced  by  the  unfortu- 


216  HISTORY   OF   KENTUCKY. 

nate  St.  Clair,  though  fully  exculpated  from  all  blame  by  Gen. 
Washington,*  he  resigned  the  command  of  the  mutilated  army. 
The  military  establishment  was  then  authorized  to  be  increased 
to  5000  men.  At  the  head  of  this  force  Anthony  Wayne  of 
high  reputation  in  the  revolutionary  war,  was  placed  in  1792 
Avith  Brigadier  Generals  Posey  and  Wilkinson.  Such  were  the 
indications,  that  the  government  had  determined  to  prosecute 
the  Indian  war  vigorously.  Yet  there  was  great  division  of 
sentiment  on  the  best  mode  of  pursuing  this  irregular  warfare 
against  the  barbarians  of  North  America,  Nor  was  this  differ- 
ence  confined  to  the  legislative  councilsfof  the  nation:  it  pre- 
vailed with  a  good  deal  of  obstinacy  in  Kentucky.  Here  the 
desultory  incursions,  which  had  marked  the  military  operations 
of  the  early  settlers,  still  possessed  the  hearts  of  the  country. 
This  was  natural  enough  to  a  people  experienced  and  triumph- 
ant in  war  only,  upon  a  limited  scale:  but  the  truth  is,  the 
mounted  expeditions  of  the  early  times,  were  more  chivalric 
than  effective,  more  brilliant  than  useful;  they  were  inroads  not 
conquests.  In  no  one  instance  did  they,  or  could  they  compel  the 
enemy  to  a  full  trial  of  their  strength,  much  less  defeat  them, 
as  in  the  battles  of  the  Maumee  and  of  Tippecanoe.  To  meet 
the  powerful  confederacy  of  the  barbarian  tribes  aided  by  a 
jealous  and  hostile  neighbor;  a  system  of  tactics  was  adopted  for 
the  peculiar  theatre  and  enemy,  which  had  developed  the  mili- 
tary powers  of  the  Great  President  in  the  opening  of  his  mili- 
tary career,  under  the  colonial  government  of  Virginia. 

The  Indians  of  North  America  have  proved  themselves  equal 
to  the  best  light  troops  in  the  world,  among  their  own  woods  and 
fastnesses.  The  evidence  of  this  truth  has  been  wofully  given 
by  the  slaughter,  rather  than  defeat  ©f  French,  English  and 
American  troops  with  great  superiority  of  numbers  and  arms, 
on  their  part.  The  alarming  losses,  which  our  troops  had 
experienced  against  the  savages  from  the  close  of  the  re- 
volutionary war  to  the  times  in  question,  induced  General 
Washington  to  have  a  special  military  conference  on  the 
fubject  with  Gen.  Knox  then  Secretary  at  War,  and  General 

♦  Marshall's  Washington,  vol.  S^  p.  23.  f  Wem,  p. 208, 2«<,  225. 


HI8T0RT  OF   KENTUCKY.  217 

Wayne.*  The  result  of  this  council  was  the  system  of  tactics 
observed  by  this  officer  in  his  northwestern  campaigns.  The 
principles  of  this  system,  as  they  have  never  been  historically 
developed,  will  now  be  attempted  on  the  authority  of  a  distin- 
guished officer  of  General  Wayne's  staff 

The  principal  features  were,  1st,  a  "facility  of  forming  an 
order  of  battle  from  an  order  of  march,  to  resist  a  sudden  and 
unexpected  attack  from  whatever  quarter  it  might  come;-'  2,  "a 
capacity  of  forming  in  line  in  thick  woods ;  3d,  an  easy  mode 
of  securing  and  prolonging  the  flanks,  notwithstanding  the  line 
of  extreme  open  order,  each  file  being  more  than  arms  length 
from  those  on  the  right  and  left.  All  these  were  essential 
points  in  a  war  with  our  northwestern  Indians;"  because  no 
vigilance  could  guard  against  an  unexpected  attack  from  them 
in  their  native  woods.  Yet  these  were  the  scene  of  operations; 
and  "the  object  of  their  tactics  is  always  to  turn  the  flank  of 
their  enemy.  But  by  the  formation  adopted  against  the  In- 
dians, in  attempting  to  turn  either  flank,  they  met  a  succession  of 
fresh  troops  coming  from  the  rear  to  extend  the  line."  Upon 
the  "European  plan,  as  well  as  our  own  practice  of  fighting 
regular  troops,  the  files  are  so  close  that  the  shoulders  of  the 
men  touch  each  other.  In  fighting  Indians  there  was  no 
shock  to  be  given  or  received,  a  very  open  order  was  therefore 
attended  with  two  very  great  advantages ;  it  more  than  doubled 
the  length  of  the  lines,  and  in  charging,  which  was  an  essential 
part  of  the  system,  it  gave  more  facility  to  get  through  the  ob- 
stacles which  an  action  in  the  woods  presented."  Such  were 
the  principles,  which  were  to  govern  our  troops  in  their  active 
operations  against  the  enemy;  when  encamped,  "it  was  always 
in  a  hollow  square.  Within  this,  all  the  baggage  and  cavalry 
were  secured,  and  sometimes  the  light  infantry  and  riflemen,  for 
the  purpose  of  making  sallies  in  a  night  attack.  Ramparts  of 
logs  were  formed  around  the  encampment,  solely  to  repel  a  sud- 
den night  attack,  until  the  troops  could  get  under  arms.  They 
were  not  intended  for  defence  in  davlight.  To  defeat  Indians 
by  regular  troops  the  charge  must  be  relied  upon;  the  fatality 

*  Gen.  Harruon'd  letter  to  the  author, 

T 


218  HISTORY   OP  KENTTTCKT. 

of  a  contest  at  long  shot  with  their  accurate  aim  and  facility  of 
covering  themselves,  was  mournfully  exhibited  in  the  defeats 
of  Braddock  and  St.  Clair.  "General  Wayne  used  no  patroles, 
no  picket  guards.*  In  Indian  warfare  they  would  always  be  cut 
off;  and  if  that  were  not  the  case  they  would  afford  no  addi- 
tional security  to  the  army,  as  Indians  do  not  require  roads  to 
enable  them  to  advance  upon  an  enemy.  For  the  same  reason, 
(that  they  would  be  killed  or  taken)  patroles  were  rejected,  and 
reliance  for  safety  was  entirely  placed  upon  keeping  the  army 
always  ready  for  action.  In  connection  with  this  system  of 
constant  preparation,  there  was  only  a  chain  of  sentinels  around 
the  camp,  furnished  by  the  camp  guards,  who  were  placed  with- 
in supporting  distance." 

Such  were  the  military  principles  adopted  in  the  continuance 
of  the  warfare  against  our  Indian  foes.  There  seems  to  have 
been  no  divergent  attacks  to  the  right  or  left  of  the  line  of 
operations,  in  order  to  protect  the  communications  with  the  base 
of  supply  at  the  Ohio.  Yet  had  such  expeditions  have  been  re- 
concilable to  other  military  principles,  they  would  have  pro- 
tected that  line  from  many  destructive  interruptions. 

The  plan  appears  to  have  been,  to  make  no  detachments,  so 
fatal  to  Ilarmar  and  St.  Clair;  but  to  preserve  the  army  in  un- 
broken strength.  Still  accurate  information  might,  it  would 
aeem,  have  authorised  incidental  expeditions,  as  they  were  af- 
terwards adopted  under  the  command  of  his  pupil  on  the  same 
scene  of  operations  at  Mississineway ;  and  by  Colonel  Johnson's 
mounted  regiment. 

About  the  6th  of  November,  1792,  Major  John  Adair,  after- 
wards so  distinguished  at  New  Orleans,  and  elected  Governor 
of  the  State,  in  command  of  "about  a  hundred  Kentucky  militia, 
was  attacked  by  a  large  body  of  Indians  under  Little  Turtle,  in 
a  camp  near  Fort  St.  Clair,  one  of  the  forts  on  the  line  of 
operations  north  of  Fort  Washington;  and  after  a  gallant  re- 
sistance, was  forced  to  retreat,  with  the  loss  of  six  men  killed, 
the  camp  equipage  and  one  hundred  and  forty  pack  horses.t" 

»Thcy  are  Bmall  bodies  of  men  placed  at  a  considerable  distance  from  an  army,  on  the 
prinrip.-il  avcnuci  o(  approach  to  it.    Tbey  furnisti  no  sentinels, 
t  Marshall  2—41.  ^ 


HISTORY   OP  KJENTUCKY. 


219 


The  enemy  are  said  to  have  been  repelled  several  times  and  as 
often  recovered  their  advantage,  with  which  they  finally  with- 
drew, taking  all  their  booty :  they  are  said  to  have  left  seven  dead 
on  the  field,  and  to  have  been  seen  carrying  off  several  during 
the  action.   "Brigadier  General  Wilkinson,  who  then  commanded 
the  United  States'  troops  in  the  west,  bestowed  encomiums  on  the 
Major  for  his  good  conduct,  and  on  his  men  for  their  bravery." 
Towards  the  close  of  the  year  the  death  of  Colonel  John  Hardin 
was  ascertained.     He  had  most  unaccountably  for  an  officer  of 
such  value,  (as  well  as  Major  Trueman)  been  invited  from  his 
private  home  by  Colonel  Wilkinson ;  through  motives  of  private 
attachment  to  Hardin  and  anxiety  to  discharge  the  duty  of  a 
peace  messenger,  (to  use  the  Indian  phrase,)  in  order  to  prevail 
on  the  savages  to  come  on  terms  of  peace.     That  officers  of 
their  worth  should  have  been  exposed,  contrary  to  their  own  ex- 
cellent judgments,  on  so  hopeless  a  mission  to  such  perfidious 
barbarians,  is  truly  lamentable.     If  messengers  must  have  been 
sent,  why  select  officers  whose  services  in  more  important  ope- 
rations were  so  invaluable?    Why  not  send  some  such  men  as 
Miller,  who  was  employed  in  the  same  office  by  Gen.  Wayne? 
Gen.  Washington  began  his  military  career  on  just  such  a  mis- 
sion, and  he  was  anxious  that  the  attempt  should  be   made. 
Not  for  a  moment,  should  the  shocking  insinuation,*  contrary  to 
all  probability  and  evidence  be  believed,  that  these  officers  were 
purposely  sent  on  their  dangerous  errand  to  put  them  out  of 
military  competition  with  Wilkinson.     The  natural  generosity 
of  Wilkinson,  his  love  of  gallant  bearing  and  his  devotion  to  his 
profession,  as  well  as  his  actual  elevation  and  superior  charac- 
ter, must  protect  his  memory  from  so  cruel  an  implication. 
The  circumstances  of  Hardin's  death  are  imperfectly  known; 
he  had  proceeded  on  his  mission  to  the  Miami  towns,  accompa- 
nied by  his  interpreter;  and  arrived  at  an  Indian  camp,  about  a 
day's  journey  from  where  Fort  Defiance  was  afterwards  built 
by  Gen.  Wayne,  on  the  Maumee;  and  about   the  same   dis- 
tance from  a  town  inhabited  by  Shawanees  and  Delawares. 
This  officer  was  well  received  by  the  Indians  in  camp  with 


♦  Marshall  3— 48. 


220  HISTORY  OP  KENTUCKY. 

their  usual  respect  for  messengers  of  peace ;  but  after  having 
been  there  some  time,  five  Dela wares  came  from  the  town; 
when  learning  this,  the  Colonel  proposed  to  go  there  with 
them  that  evening;  they  refused.  Still  they  seemed  friendly 
and  they  encamped  together  that  night,  in  the  morning,  how- 
ever, owing  to  suspicions  excited  by  minute  enquiries  about 
the  country,  more  ferocious  councils  prevailed,  and  the  Colonel 
was  killed;  his  companion  was  afterwards  murdered  on  the 
road  to  Sandusky.  At  the  same  time  it  must  be  mentioned  in 
alleviation  of  this  enormity,  "that  when  the  news  was  carried 
to  the  Indian  town,  that  a  white  man  with  a  peace  talk  had 
been  killed  at  the  camp,  it  excited  great  ferment,  and  that  the 
murderers  were  much  censured." 

The  depredations  of  the  Indians  continued  to  vex  and  harass 
the  country,  almost  in  every  direction,  during  1793.  They  plun- 
dered horses  in  Logan  county,  and  the  mail  carrier  through  the 
wilderness  was  killed  on  Laurel  River.  On  the  1st  of  April, 
Morgan's  Station,  on  Slate  creek,  was  captured,  and  most  of  the 
women  and  children  taken  prisoners ;  these,  when  a  pursual  was 
commenced  by  a  party  of  militia,  were  all  killed.  In  an  oppo- 
site section  of  the  country,  a  man  was  killed  on  the  Beech 
Fork  of  Salt  river;  boats  descending  the  Ohio  continued  to  be  at- 
tacked with  the  most  daring  boldness,  even  at  the  Eighteen  Mile 
Island,  above  Louisville,  and  between  that  city  and  the  mouth 
of  Salt  river.* 

These  disgusting  and  wearisome  details  are  preserved  to 
show  the  insecurity  of  the  country  at  so  late  a  period.  Yet 
notwithstanding  these  outrages,  the  President,  in  order  to  coun- 
teract the  strong  impression  which  had  possessed  the  minds  of 
the  people  east  of  the  mountains,  that  their  fellow  citizens  of 
the  west  were  the  aggressors  in  the  contest  with  the  Indians; 
and  that  sincere  attempts  to  make  peace  with  them,  would  be 
successful,  ordered  a  treaty  to  be  held  at  Sandusky.  In  the 
naean  time  all  hostilities  with  the  Indians  pending  these  negoti- 
ations, were  necessarily  forbade.  How  hardly  and  painfully 
this  conduct  was  felt  in  Kentucky,  need  scarcely  be  dwelled 

♦  Marshall  i2— 81, 82.  , 


HISTORY   OF   KENTUCKY.  22) 

upon  after  the  recent  distressing  details.  Nor  can  its  necessity 
be  appreciated,  without  attentively  noticing  the  deep  rooted 
prejudices  of  the  country  at  large,  on  the  subject  of  Indian  hos- 
tiUties.  They  showed  themselves  in  the  debates  of  Congress, 
and  were  too  much  confirmed  by  the  history  of  the  national 
intercourse  with  the  aborigines  in  general.  Sympathy  with 
the  interests  of  a  race  of  men  incompatible  with  the  existence 
of  our  agricultural  people,  seems  to  have  occupied  the  people 
east  of  the  mountains,  when  it  had  no  longer  room  to  operate 
against  themselves.  No  thought  then  seemed  to  exist,  that  the 
same  causes  of  inconsistent  states  of  social  existence,  prevailed 
on  the  western  side  of  the  mountains,  just  as  they  had  presented 
themselves  on  their  eastern  side,  for  the  preceding  century  and 
a  half.  Our  people  would  have  gladly  abided,  for  the  present, 
with  the  territorial  limit  of  the  Ohio  river.  This  had  vainly 
been  said  to  be  "fixed  as  final,"*  at  the  treaty  of  Fort  Stanwix, 
in  1768,  as  the  boundary  between  the  red  and  the  white  people; 
or  more  properly,  between  the  hunters  and  the  agriculturists. 
But  no  territorial  limit  could  permanently  arrest  the  ruin  of  the 
one  race,  or  the  progress  of  the  other.  The  decree  of  their 
fate  was  passed  by  natural  causes,  which  no  human  exertions 
could  counteract. 

The  commissioners  appointed  by  the  President  of  the  United 
States,  now  announced,  that  the  Indians  would  not  form  a  treaty 
of  peace.  The  sincere  and  persevering  benevolence  of  the 
Government  was  vindicated:  and  the  rest  was  left  to  the  fate 
of  arms.  General  Wayne,  who  had  assembled  his  troops  at 
Fort  Washington,  received  orders  early  in  October,  1793,  to 
commence  his  march  towards  the  Maumee.  In  pursuance  of 
his  authority,  he  had  called  upon  the  Government  of  Kentucky 
for  a  detachment  of  mounted  volunteers.  These,  so  deep  was 
the  dislike,  and  the  want  of  confidence  in  regular  troops  among 
the  militia  of  Kentucky,  after  the  disasters  of  Harmar  and  St. 

*  "And  we  desire  tliat  one  article  of  this,  our  agreement,  may  be,  that  vone  of  the  prov- 
inces or  their  people  sliall  attempt  to  invade  it,  under  rolor  of  any  old  deeds,  or  other  pr»- 
tences  whatsoever:  And  that  no  further  a  tempts  will  l«  made  on  our  lands,  I  ut  that  this 
line  be  considered  as  ;iHa/."  The  line  was  the  Ohio  river,  on  the  south,  by  certain  spe- 
cifications, to  Wood  creek,  in  the  present  Stale  of  New  York.— Extract  from  the  treaty  of 
For.  Stanwix,  from  a  copy  procured  in  the  Library  of  Congress,  by  tlie  Jlon.  R.  M.  John- 
son, for  the  aulhor. 

T2 


232  HISTORY   OF   KENTUCKY. 

Clair,  could  not  be  obtained  by  volunteering.  On  the  28th  of 
September,  the  Governor  of  Kentucky  had  been  compelled  by 
this  reluctance  to  order  a  draft  from  the  militia.  The  necessary 
re-enforcement  was  obtained ;  and  by  the  24th  of  October,  Gen- 
eral Scott,  at  the  head  of  one  thousand  mounted  men,  from  Ken- 
tucky, reached  within  four  miles  of  head  quarters,  then  six 
miles  in  advance  of  Fort  Jefferson,  and  eighty  miles  from  the 
Ohio  river.*  Here  the  troops  rested  for  several  days.  The 
Indians  were  now  known  to  be  in  great  force  in  the  neighbor- 
hood of  the  Miami  villages,  eagerly  anticipating  another  de- 
structive victory  over  their  white  enemies.  The  season  was 
far  advanced  in  that  rigorous  climate,  and  the  army  not  too  well 
prepared  for  the  stern  and  trying  conflict  with  savages,  more 
flushed  with  confidence  of  conquest  than  they  had  ever  been, 
without  more  open  co-operation  of  some  European  force.  This 
was  the  first  campaign  the  army  had  prosecuted  in  the  woods; 
in  consideration  of  these  united  difficulties,  the  General-in- 
chief  most  prudently  determined  to  suspend  his  march,  and  to 
build  Fort  Greenville.  The  regular  troops  now  entered  into 
winter  quarters,  and  the  Kentucky  militia  were  dismissed,  not 
unpleasantly,  though  with  renewed  confidence  in  regular  forces, 
owing  to  the  energy  and  the  hardihood  displayed  by  General 
Wayne. 

Early  in  1793,  the  contagion  of  French  attachment  manifest- 
ed itself  in  the  United  States,  by  the  establishment  of  the  Demo- 
cratic Society  in  Philadelphia,  in  too  close  imitation  of  the  dis- 
organizing clubs  which  had  disseminated  anarchy  and  destruc- 
tion throughout  the  beautiful  kingdom  of  France.  Not  that  the 
partialities  of  our  countrymen  for  Frenchmen,  or  their  sympathy 
with  the  fortunes  of  France,  are  to  be  confounded  with  the 
crimes  against  all  social  order,  which  deformed  the  French 
revolution.  Many  of  these  they  did  not  know,  and  much  they 
did  not  credit,  coming  as  it  did  through  English  channels, 
a  source  of  information  doul)ly  suspicious  to  our  country- 
men, at  the  time,  from  the  hostilities  of  England  against 
France,  and  likewise  from  her  exasperating  policy  towards  the 

*  Marsliall  2—84. 


HISTORY   Of   KENTUCKY.  223 

United  States.     One  branch  cf  this  cour?e  of  British  measures 
came  home  most  feelingly  to  the  people  of  Kentucky,  who  felt 
it  raising  the  Indian  tomahawk  against  them  and  their  helpless 
women  and  children.     Is  it  then  to  be  wondered  at,  if  amidst 
these  causes  of  aggravation,  the  Kentuckians  felt  keenly  against 
the  English,  and  as  warmly  for  their  enemies,  the  people  of 
France?     In  addition  to  this  powerful  cause  of  natural  excite- 
ment, was  to  be  added  the  no  less  agitating  sentiment  of  national 
gratitude  for  the  people  who  had  so  signally  befriended  us  in 
the  period  of  our  weakness,  and  when  all  the  power  of  Great 
Britain  was  brought  to  bear  on  these  comparatively  infant  colo- 
nies.    Many  of  the  revolutionary  officers  who  had  removed  to 
Kentucky,  as  Scott  and  Hardin,  Anderson  and  Croghan,  Shelby 
and  Clark,  with  numerous  followers,  had  fought  side  by  side 
with  the  French  in  our  own  armies;  and  all  had  fought  against 
the  British  and  their  auxiliaries,  the  Indians.     In  consequence 
of  this  state  of  public  sentiment.  Democratic  societies  were 
readily  established  at  Georgetown,  Paris,  and  Lexington,  on  the 
model  of  the  one  at  Philadelphia.     These  societies  were  par- 
ticularly opposed  to  the  course  of  General  Washington's  ad- 
ministration, in  its  foreign  as  well  as  domestic  policy. 

In  regard  to  the  latter,  the  society  at  Lexington  came  to  the 
following  violent  resolution  upon  the  subject  of  the  navigation 
of  the  Mississippi  :*  "that  the  right  of  the  people  on  the  waters 
of  the  Mississippi,  to  the  navigation,  was  undoubted;  and  that 
it  ought  to  be  peremptorily  demanded  of  Spain,  by  the  govern- 
ment of  the  United  States." 

In  this  state  of  public  feeling,  the  French  minister.  Genet, 
about  the  1st  of  November,  1793,  sent  four  persons  of  the  names 
of  Le  Chaise,  Charles  Delpeaii,  Mathurin,  and  Gignoux,  to 
Kentucky,  with  orders  to  engage  men  in  an  expedition  against 
New  Orleans,  and  the  Spanish  possessions.  For  this  purpose 
they  carried  with  them  blank  commissions.  The  Governor  was 
soon  afterwards  informed  by  the  Secretary  of  State,  of  this  en- 
terprise, and  t'Hhat  the  speciaJifinterests  of  Kentucky  would  be 
particularly  committed  by  such  an  attempt,  as  nothing  could  be 

*  Marshall  2~»2.  tAm.  State  Paper,  2—36. 


224  HISTORY   OF   KENTUCKY. 

more  inauspicious  to  them  than  such  a  movement,  at  the  very 
moment  those  interests  were  under  negociation  between  Spain 
and  the  United  States." 

Such  however  was  the  excitement  of  the  public  mind  on  the 
subject  of  the  Mississippi,  added  to  its  fevered  condition  in 
regard  to  French  politics;  that  too  many  persons  were  ready  to 
embrace  those  foreign  proposals  to  embroil  the  peace  of  the 
United  States.  Two  of  these  emissaries  had  the  audacity  to 
address  letters  to  the  Governor,  informing  him  in  express  terms 
of  their  intention*  "  to  join  the  expedition  of  the  Mississippi," 
and  requesting  to  be  informed  whether  he  had  "positive  orders  to 
arrest  all  citizens  inclining  to  our  assistance."  To  this  ignorant 
and  presumptuous  letter  of  Delpeau,  Governor  Shelby  conde- 
scended to  reply  in  the  words  of  the  Secretary  of  State,  that  he 
had  been  charged  to  "  take  those  legal  measures  necessary  to 
prevent  any  such  enterprise,"  "to  which  charge  I  must  pay 
that  attention,  which  my  present  situation  obliges  me."  These 
foreign  agents  proceeded  in  their  piratical  attempt  from  the 
bosom  of  a  neutral  and  friendly  nation,  to  raise  two  thousand 
men  under  French  authority;  and  to  distribute  French  commis- 
sions among  the  citizens  of  Kentucky;  to  purchase  cannon, 
powder,  boats  and  whatever  was  deemed  necessary  for  a 
formidable  expedition.  In  an  unguarded  moment  these  insinua- 
ting agents  of  a  foreign  government,  influenced  by  the  same 
mischievous  spirit,  that  had  undermined  the  peace  and  indepen- 
dence of  so  many  European  states,  got  the  better  of  the  exalted 
patriotism,  and  devoted  fidelity  of  General  George  Rogers 
Clark;  and  prevailed  upon  him  to  take  command  of  the  expedi- 
tion asj  "  a  Major  General  in  the  armies  of  France,  and  com- 
mander in  chief  of  the  revolutionary  legions  on  the  Mississippi." 
Under  this  ominous  description  for  an  American  officer,  he 
issued  under  his  own  name,  proposals  "  for  volunteers  for  the 
reduction  of  the  Spanish  forts  on  the  Mississippi,  for  opening 
the  trade  of  that  river  and  giving  freedom  to  its  inhabitants." 
"All  persons  serving  on  the  expedition,  to  be  entiled  to  one 
thousand  acres  of  land,  those  that  engage  for  one  year,  will  be 

•Maraball  3—100,  fMarshall  2—103. 


HISTORY   OF  KENTUCKY.  225 

entitled  to  two  thousand;  if  they  serve  three  years,  or  during  the 
present  war  with  France,  they  will  have  three  thousand  acres 
of  any  unappropriated  land  that  may  be  conquered;  the  officers 
in  proportion  pay,  &c.  as  other  French  troops;  uU  lawful  plunder 
to  be  equally  divided  according  to  the  custom  of  war;  those  who 
serve  the  expedition  will  have  their  choice  of  receiving  their 
lands,  or  one  dollar  per  day/' 

Governor  St.  Clair  intimated  to  Governor  Shelby  early  in 
November,  that  this  commission  had  been  given  to  Clark  with 
other  particulars;  this  communication  was  followed  by  one  from 
General  Wayne,  of  January  6th,  1794,  enclosing  his  orders 
to  Major  W.  Winston,  commanding  the  United  States  cavalry  in 
Kentucky,  which  placed  that  officer  and  his  men  under  the  orders 
of  Governor  Shelby,  and  promised  "  should  more  force  be  wan- 
ted, it  should  not  be  withheld,  upon  this  interesting  occasion, 
notwithstanding  our  proxinf)ity  to  the  combined  force  of  hostile 
Indians."  After  the  receipt  of  these  letters  Governor  Shelb; 
addressed  the  Secretary  of  State  on  the  13th  of  January,  179  I 
and  after  acknowledging  the  receipt  of  the  information  in  regard 
to  Clark  and  the  French  emissaries,  proceeded  as  follows,*  "I 
have  great  doubts  evpn  if  they  (General  Clark  and  the  French- 
men) attempt  to  carry  this  plan  into  execution,  provided  they 
manage  their  busines  with  prudence,  whether  there  is  any  legal 
authority  to  restrain  or  to  punish  them;  at  least  before  they  have 
actually  accomplished  it.  For  if  it  is  lawful  for  any  one  citizen 
of  the  State  to  leave  it,  it  is  equally  so  for  any  number  of  them 
to  do  it.  It  is  also  lawful  for  them  to  carry  any  quantity  of  pro- 
visions, arms  and  ammunition.  And  if  the  act  is  lawful  in 
itself,  there  is  nothing  but  the  particular  intention  with  which  it 
is  done,  that  can  possibly  make  it  unlawful;  but  I  know  of  no 
law  which  inflicts  a  punishment  on  intention  only;  or  any  crite- 
rion by  which  to  decide  what  would  be  sufficient  evidence  of 
that  intention,  even  if  it  was  a  proper  subject  of  legal  censure." 
This  communication  precluding  any  effectual  interposition  on  the 
part  of  the  governor  of  Kentucky,  the  President  of  the  United 
States  issued  his  proclamation  on  the  24th  of  March,  apprising 

*Ainericaii  State  Papers,  vol.  2  p  39. 


226  HISTORY   OF  KENTUCKY. 

the  people  of  the  west,  of  the  unlawful  project,  and  warning  them 
of  the  consequences  of  engaging  in  it.  About  the  same  time 
General  Wayne  was  ordered  to  establish  a  strong  military  post 
at  fort  Massac  on  the  Ohio;  and  to  prevent  by  force  if  necessary, 
the  descent  of  any  hostile  party  down  that  river. 

The  surprise  of  the  President  at  the  latter  communication 
from  Gov.  Shelby,  must  have  been  greatly  increased,  when  he 
contrasted  it  with  the  one  received  from  the  same  public  officer, 
dated  the  5lh  of  October.*  In  this  prior  communication  the  Gov- 
ernor expressed  himself  as  follows:  "I  think  it  my  duty  to  take 
this  early  opportunity  to  assure  you,  that  I  shall  be  particularly 
attentive  to  prevent  any  attempts  of  that  nature  (alluding  to  the 
French  expedition  against  Louisiana)  from  this  country.  I  am 
well  persuaded,  at  present,  none  such  is  in  contemplation  in  this 
State.  The  citizens  of  Kentucky  possess  too  just  a  sense  of  the 
obligations  they  owe  the  general  government,  to  embark  in  any 
enterprise  that  would  be  so  injurious  to  the  United  States." 

Early  in  November,  1793,  the  Legislature  of  the  State  as- 
sembled, but  the  Governor  took  no  notice,  in  his  address  to  them, 
Bor  in  the  course  of  the  session,  of  the  French  enterprise,  com- 
oaunicated  to  him  by  the  Secretary  of  State,  acknowledged  by 
the  French  agents  concerned  in  the  unlawful  enterprise,  and 
which  was  consummating  under  his  own  eyes.  But  what  is 
more  extraordinary,  the  Governor  mentioned  nothing  of  the 
Spanish  negotiation  likewise  communicated  to  him  at  the  same 
time;  which  was  so  interesting  to  Kentucky,  and  which  would 
have  been  so  well  calculated  to  soothe  her  excited  feelings. 
Though  nothing  specific  had  been  mentioned,  or  could  consistent- 
ly with  such  measures  have  been  announced;  still  the  great  and 
merited  influence  of  Governor  Shelby  might  well  have  been  more 
pointedly  exerted,  to  sustain  the  administration  of  the  illustrious 
NVashingtoii,  amidst  the  perplexities  of  foreign  negotiation,  and 
of  domestic  disturbance.  Not  that  the  Governor  should  be  sup- 
posed to  have  stood  alone  in  his  sentiments  of  French  sympathy 
and  Spanish  dislike;  for  they  were  the  fixed  sentiments  of  the 
West  in  general ;  and  were  ardently  cherished  in  Kentucky  by 

*Amorican  State  Papers,  vol.  3—27, 


HISTORY   OF   KENTUCKY.  227 

some  of  her  most  distinguished  citizens.  The  regret  is,  that 
the  Governor  did  not  bring  the  weight  of  his  massy  character  to 
rally  his  countrymen  around  the  standard  of  the  Union,  which 
he  had  fought  so  bravely  to  maintain,  and  to  recall  them  from 
their  mistaken  partialities  for  a  foreign  nation.  The  super- 
seding of  Mr.  Genet,  at  the  request  of  the  President  of  the 
United  States,  and  the  subsequent  disapproval  of  his  acts  by  the 
French  general,  produced  an  abandonment  of  this  last  and  only 
intrigue  of  France  with  the  people  of  Kentucky. 

The  Secretary  of  State  on  the  29th  of  March,  1794,  replied  to 
the  Governor's  communication,  of  the  13th  of  the  previous  Janu- 
ary, at  a  length,  which  most  properly  places  it  in  the  appendix. 
It  may  be  sufficient  to  mention,  that  the  Secretary  endeavors  to 
confute  the  legal  difficulties,  which  had  embarassed  the  mind  of 
the  Governor  of  Kentucky;  he  then  enters  into  a  sketch  of  the 
negotiations  at  Madrid,  respecting  the  navigation  of  the  Missis- 
sippi. From  this  statement  it  appeared,  that  as  early  as 
December,  '91,  the  first  verbal  overtures  of  Spain  had  been 
accepted  by  the  President ;  and  Mr.  Short  had  been  associated 
with  Mr.  Carmichael,  the  Charge  d'  Affaires  at  INIadrid,  in  the 
negotiation.  "For  many  months  have  our  commissioners  been 
employed,"  says  the  Secretary,  "in  this  important  affair  at 
Madrid.  At  this  moment  they  are  so  employed.  The  delays, 
which  forms  may  have  created,  the  events  of  Europe,  and  other 
considerations,  which  at  this  season  cannot,  with  propriety,  be 
detailed,  dictate  a  peaceable  expectation  of  the  result." 

There  are  however  other  views,  connected  with  the  above 
transactions,  which  were  entertained  by  our  distinguished  and 
patriotic  Governor  himself  These,  historical  justice,  no  less 
than  the  author's  deep  respect  for  the  great  public  services  of 
Governor  Shelby,  impels  him  to  record.  He  is  more  eager  to  do 
this,  because  this  defence,  though  in  part  produced  by  a  motion 
of  Mr.  H.  Marshall,  is  totally  omitted  by  him  in  his  History. 
These  views  are  contained  in  part  in  the  Governor's  message 
of  the  15th  of  November,  1794,*  to  the  House  of  Representatives 
of  Kentucky.     In  this  communication  made  conformably  to  a 

*See  Appendix, 


228  HISTORY   OF   KENTUCKY. 

resolution  of  the  House;  the  Governor  reiterates  the  doubts  of 
his  legal  authority  to  comply  with  the  wishes  of  the  General 
Government.  "After  the  most  careful  examination  of  the 
subject  I  was,"  says  he,  "doubtful  whether  under  the  constitu- 
tion or  laws  of  my  country,  I  possessed  powers  so  extensive  as 
those,  which  I  was  called  upon  to  exercise.  Thus  situated,  I 
thought  it  advisable  to  write  the  letter  No.  5,*  in  which  all  the 
information  I  had  received  is  fully  detailed,  my  doubts  as  to 
the  extent  of  my  powers  carefully  stated,  and  the  strongest 
assurances  given,  that  every  legal  requisition  should,  on  my 
part,  be  punctually  complied  with."  These  doubts  the  Gover- 
nor considered  as  confirmed  by  the  passage  of  an  act  of  Con- 
gress on  the  5th  of  June,  1794,  entitled  "  an  act  in  addition  to  an 
act,  for  the  punishment  of  certain  crimes  against  the  United 
States."  "  From  the  necessity  of  passing  this  law,  I  infer  that 
my  doubts  as  to  the  criminality  of  this  proposed  enterprise  were 
well  founded;  and  that  until  the  passage  of  that  law,  the  offence 
had  not  been  declared,  nor  the  punishment  defined." 

In  an  address  of  Governor  Shelbv  to  the  Freemen  of  Ken- 
tucky,  in  July,  1812;  just  prior  to  the  Gubernatorial  election 
of  that  eventful  period,  he  expresses  himself  again  on  this 
subject  as  follows:  "The  attention  of  the  General  Government 
being  thus  drawn  to  the  western  country,  I  deemed  it  a  favora- 
ble time  to  make  an  impression  on  their  minds  of  the  impor- 
tance of  the  navigation  of  the  Mississippi,  and  of  the  necessity 
of  attending  to  that  subject.  On  that  account,  and  nnth  that 
object,  my  letter  of  the  13th  of  January,  1794,  was  calculated, 
rather  to  increase  than  to  diminish  the  apprehensions  of  the 
General  Government  as  to  the  western  country.  This  letter 
had  the  effect  desired.  It  drew  from  the  Secretary  of  State 
information  in  relation  to  the  navigation  of  the  Mississippi,  and 
satisfied  us  that  the  General  Government  was  in  good  faith  pur- 
suing this  object  of  first  importance  to  the  people  of  Kentucky, 
The  information  thus  drawn  forth  quieted  the  public  mind,  and 
restored  harmony  to  the  country."  The  same  subject  is 
resumed  in  a  letter  of  Governor  Shelby,  to  General  Martin  D.. 

♦Letter  of  the  Governor  to  the  Secretary  of  State  of  the  13th  Janoary,  1794. 


HISTORY    OF   KEPTTUCKY.  229 

Hardin  of  July  1st,  1812.  In  this  letter  the  Governor  remarks, 
that  "  there  is  to  be  sure  some  inconsistency  in  my  two  letters 
to  the  Secretary  of  State  of  the  United  States,  and  I  saw  it  at 
the  time,  but  at  the  date  of  the  last  I  saw  evidently  that  the 
whole  scheme  of  La  Chaise  would  fall  to  the  ground  without  my 
interference,  and  that  the  present  moment  was  a  favorable  one, 
while  the  apprehensions  of  the  President  were  greatly  excited, 
to  express  to  him  what  I  knew  to  be  the  general  sentiments  of 
the  Kentucky  people,  relative  to  the  navigation  of  the  Missis- 
sippi and  the  Spanish  Government.  Those  sentiments  had  often 
to  my  knowledge  been  expressed  by  way  of  petition  and  memo- 
rial to  the  General  Government,  and  to  which  no  assurance,  nor 
any  kind  of  answer  had  been  received;  and  I  feel  an  entire 
conjSdence  that  my  letter  of  the  13th  January,  1794,  was  the 
sole  cause  that  produced  an  explanation  by  the  special  commis- 
sioner. Colonel  James  Innes,  of  the  measures  that  had  been 
pursued  by  our  Government  towards  obtaining  for  us  the 
navigation  of  the  Mississippi;  and  although  I  felt  some  regret 
that  I  had  for  a  moment  kept  the  President  uneasy,  I  was 
truly  gratified  to  find  that  our  right  to  the  navigation  of  that 
river  had  been  well  asserted  by  the  President  in  the  negotiations 
carried  on  at  Madrid,  and  indeed  the  minds  of  every  Ken- 
tuckian  then  settled  down  in  quietness,  on  a  subject  that  had 
long  caused  great  solicitude  after  the  attempt  of  Jai/  to  cede 
away  the  navigation  of  that  river  for  25  or  30  years." 

In  addition  to  these  forcible  considerations,  stamped  with 
impressive  earnestness,  it  is  due  to  the  memory  of  Governor 
Shelby  to  state,  that  his  ideas  were  fully  concurred  in  by  his 
distinguished  Secretary,  James  Brown.  This  coincidence  of 
opinion  appears  from  a  letter  of  the  Secretary  to  the  Governor, 
if  the  IGth  of  February,  1794.  "The  information  which  has 
reached  me  since  the  date  of  ray  last  letter,  has  induced  me  to 
to  accord  with  you  in  opinion  as  to  the  result  of  that  enterprise; 
and  has  fully  convinced  me  that  nothing  less  than  a  considera- 
ble supply  of  money  will  enable  the  promoters  of  it  to  effectuate 
their  intentions.     I  therefore  clearly  concur  with  you  in  the 

sentiment,  that  it  would  be,  at  present,  unnecessary  to  take  any 

U 


230  HISTORY   OF   KENTUCKY. 

active  measures  in  the  business;  and  if  unnecessary,  it  would 
certainly  be  impolitic  to  exercise  powers  of  so  questionable  a 
nature  as  those  which  the  General  Government  have  adopted, 
and  now  wish  5'ou  to  exert. 

Indeed  it  appears  to  me  that  good  policy  will  justify  the 
Executive  of  this  country,  in  discovering  a  certain  degree  of 
unwillingness  to  oppose  the  progress  of  an  enterprise,  which  has 
for  its  object  the  free  navigation  of  the  Mississippi.  In  their 
deliberation  on  this  interesting  subject,  Congress  has  uniformly 
acted  under  the  influence  of  a  local,  unjust  policy.  Instead  of 
consulting  the  interests  of  every  part  of  the  Union,  they  were 
once  on  the  point  of  sacrificing  all  the  western  waters  by  an 
unnecessary  surrender  of  their  most  invaluable  right.  Although 
that  detestable  plot  could  not  be  effected,  yet  our  right  is  sus- 
pended and  we  are  deprived  of  all  the  advantages  which  would 
result  from  the  enjoyment  of  it.  The  secrecy  with  which  the 
late  negotiations  are  veiled,  justifies  a  suspicion  that  some 
designs  unfriendly  to  our  interests  yet  exist,  and  only  wait  a 
more  favorable  moment  to  be  carried  into  eflect.  Congress 
therefore  ought  to  know,  through  every  possible  channel,  that 
we  are  convinced  of  our  wrongs,  and  conscious  of  our  ability  to 
redress  them.  Such  information  might  call  their  attention  to 
our  situation,  and  give  our  interests  a  place  in  their  political 
deliberations.  These  representations  could  not  be  made  to 
government  at  a  more  favorable  juncture.  Mortified  at  finding 
that  their  conduct  towards  the  powers  at  war  has  only  served 
to  offend  their  allies  \Vithout  soothing  their  enemies — and  ap- 
prehensive that  all  their  abject  submissions  may  fail  in  procu- 
ring thcni  peace  with  England  and  Spain,  they  may  be  alarmed 
at  the  idea  of  our  detaching  ourselves  from  the  Union  at  so 
critical  a  pcriorl.  I  am  therefore  happy  that,  whilst  you  have 
expressed  your  devotion  to  the  laws  and  constitution  of  the 
Union,  you  have  reminded  the  government  of  what  is  due  to  us 
as  a  State,  and  that  power  ought  not  to  be  assumed  for  the  pun- 
ishment of  those  whose  object  is  to  do  what  government  ought 
long  ago  to  have  done  for  us."  Such  is  a  full  and  impartia' 
statement  of  this  unhappy  difference  of  opinion,  at  a  most  exci- 


HISTORY    OF    KLENTUCKV.  231 

ted  period  of  public  feeling  between  the  Father  of  his  country, 
and  the  pre-eminent  Governor  of  Kentucky. 

After  this  detail  from  original  documents,  exhibiting  the  sen- 
timents of  all  the  high  parties  concerned  in  this  interesting 
passage  of  Kentucky  History;  the  author  might  well  leave 
the  subject  to  the  judgment  of  every  reader  without  expressing 
the  state  of  his  own  mind.  Yet  he  feels  a  sentiment  of  disdain 
at  so  equivocal  a  course ;  and  he  freely  commits  his  own  conclu- 
sions to  the  public  decision. 

The  author  thinks  the  legal  difficulties,  which  embarassed 
the  mind  of  the  Governor,  cannot  be  discredited  by  any  candid 
judge;  were  they  less  founded,  than  they  so  forcibly  appear, 
thev  mi"-ht  still  have  embarrassed  the  determination  of  Governor 
Shelby.  The  other  point  which  the  Governor  makes  in  his 
letter  to  General  Hardin,  and  which  is  confirmed  by  the  letter 
of  Secretary  Brown ;  namely,  an  anxiety  to  develope  the  inten- 
tions of  the  government  of  the  United  States  in  regard  to  the 
navigation  of  the  ?,Ii?si5sippi,  is  more  difficult  to  appreciate  at 
this  day.  Yet  the  public  mind  of  the  whole  western  country, 
was  at  the  times  in  question,  tremblingly  alive  to  this  most  vital 
interest.  Its  anxieties  had  arisen  to  the  most  feverish  condition; 
as  has  been  frequently  mentioned;  its  citizens  were  ever 
suspecting  a  revival  of  Mr.  Jay's  fatal  proposition,  under  the 
vail  of  secret  negotiations.  Nor  was  this  the  only  excitement, 
which  was  stimulating  the  public  feelings,  all  of  which  enters 
most  strictly  into  the  vindication  of  the  first  Shelby  adminis- 
tration. 

Attachment  to  republican  institutions,  so  natural  in  a  free 
people,  and  gratitude  for  revolutionary  services  had  consecrated 
the  interests  and  the  plans  of  France  in  the  hearts  of  too  many 
of  our  countrymen,  at  the  expense  of  their  sober  judgment,  and 
heir  duty  to  their  own  country.  Americans,  like  too  many  of 
he  enlightened  friends  of  freedom  in  England,  like  Fox  and 
M'Intosh,  Erskine  and  Sheridan,  were  intoxicated  with  the 
triumphs  of  an  imaginary  freedom  in  France.  Yet  the  sacred 
name  of  liberty  had  never  been  profaned,  to  sanction  more 
attrocious  tyranny,  more  exorbitant  ambition,  or  more  horrible 


232  HISTORY    OF   KENTUCKY. 

crimes  than  in  the  republic  of  France.  Yet  it  was  long  before 
the  delusion  disappeared  from  the  minds  of  our  countrymen, 
and  at  this  period  it  was  in  the  zenith  of  its  influence  j  the 
prophetic  mantle  which  covered  the  magnificent  Burke,  fell  upon 
few,  and  but  late,  in  the  mad  career  of  the  misnamed  French 
republic.  Mixed  with  this  sentiment  of  admiration  for  a  people 
believed  to  be  struggling  for  their  liberty,  was  a  deep  indignation, 
(so  reasonable  in  the  citizens  of  the  western  country,)  at  t'.ie 
provoking  and  oppressive  delays  of  Spanish  negotiation.  The 
public  patience  was  exhausted,  its  jealousies  were  all  alive. 
In  confirmation  of  this  condition  of  public  feeling  in  Kentucky, 
the  reader  is  referred  to  the  address  of  the  Democratic  Society 
in  Lexington.*  Well  may  this  fevered  state  of  public  sentiment 
have,  even  insensibly  extended  itself  to  the  Governor  of  Ken- 
tucky, ever  distinguished  through  his  long  and  noble  career,  for 
his  love  of  republican  institutions,  and  for  his  devotion  to  the 
interests  of  his  western  fellow  citizens,  so  well  understood  by  him. 
These  sentiments  seem  to  show  themselves  in  the  Governor's 
letter  to  the  Seci'etary  of  State  of  the  13th  of  January;  where 
he  says,  "much  less  would  I  assume  a  power  to  exercise  it  against 
men,  whom  I  consider  as  friends  and  brctheren,  (meaning  the 
French,)  in  favor  of  a  man  whom  I  view  as  an  enemy  and  a 
tyrant,  (meaning  the  King  of  Spain.)  I  shall  also  feel  but  little 
inclination  to  take  an  active  part  in  punishing,  or  restraining 
any  of  my  fellow  citizens  for  a  supposed  intention  only,  to  gratify 
the  fears  of  the  minister  of  a  prince,  who  openly  withholds  from 
us  an  invaluable  right,  and  who  secretly  instigates  against  us  a 
most  savage  and  cruel  enemy."  Still  the  Governor  adds,  that 
"whatever  may  be  my  private  opinions  as  a  man,  as  o.  friend  to 
liberty,  an  American  citizen,  and  an  inhabitant  of  the  %oestern 
waters,  I  shall  at  all  times  hold  it  as  my  duty,  to  perform  whatever 
maybe  constitutionally  required  of  me  as  Governor  of  Kentucky, 
by  the  President  of  the  United  States."  Yet  this  construction 
by  the  author,  is  not  admitted  by  the  Governor  himself;  still  it  is 
believed  to  be  a  jirobable  explanation  of  a  state  of  things,  which 
the  highly  excited  feelings  of  the  times  scarcely  admitted  to  be 

*See  Appendix. 


HISTORY   OF   KENTUCKY.  233 

seen  by  those  under  their  influence.     In  this  explanation  not  a 
shade  of  censure  is  intended  to  be  cast  upon  the  motives  of 
Governor   Shelby;  on  the  contrary,  they  are   most   sincerely 
believed  to  have  been  full  to  overflowing  of  zeal,  for  what  he 
deemed  the  genuine  interests  of  American  freedom,  and  the 
prosperity  of  Kentucky.     At  the  same  time  the  impartial  justice 
of  History  e.xtorts  the  remark,  that  in  the  instance  of  the  French 
plot  of  1793  and  4,  Governor  Shelby's  zeal  was,  as  the  author 
believes,  in  common  with  almost  all  Kentucky,  and  too  large   a 
portion  of  the  nation,  mistaken  in  its  attachment  for  the  French 
people;  and  too  embittered  against  the  intriguing  and  procrasti- 
nating Spaniards.     At  this  distance  of  time,  however,  the  at- 
tempt may  be  made  to  limit  the  degree  of  foreign  attachment, 
and  enmity,  it  might  have  proved  utterly  vain,  to  have   endea- 
vored to  realize  it  in  practice,  at  the  period  in  question.     Nor 
ought   any  surprise  to  be  felt,  that  a  Governor  of  Kentucky 
should  have  been  carried  away  by  the  same  tide  of  sentiment 
which  had  swept  half  the  civilized  world,  and  certainly  spared 
no  portion  of  it  less  than  the  United  States,  and  especially  their 
western  section. 

About*  the  14th  of  May,  1794,  La  Chaise  informed  the  Lex- 
ington society,  "that  unforeseen  events  had  stopped  the  march 
of  two  thousand  brave  Kentuckians  to  go,  by  the  strength 
of  their  arms  take  from  the  Spaniards,  despotic  usurpers,  the 
empire  of  the  Mississippi;  insure  to  their  country  the  navigation 
of  it;  break  the  chains  of  the  Americans  and  their  brethren  the 
French;  hoist  up  the  flag  of  liberty  in  the  name  of  the  Fre.nch 
republic,  and  lay  the  foundation  of  the  prosperity  and  happiness 
of  two  nations  situate  so,  and  destined  by  nature  to  be  but  one, 
the  most  happy  in  the  universe." 

This  was  a  period  of  intense  political  excitement  throughout 
Europe,  as  well  as  through  the  United  States; and  in  no  portion 
of  the  latter  did  it  rise  to  a  higher  degree,  than  among  the 
ardent  and  excitable  people  of  Kentucky.  The  adventurous 
spirit  and  energetic  stamp  of  a  conquering  and  emigrating  people, 
communicate   themselves  to  the  general  character  and  are  dis- 

'  tMarsliall  2—126. 

U2 


234  HISTORY   OF  KKXTUCKr. 

played  in  the  general  deportment.     Such  has  sometimes  presen- 
ted itself,  as  a  probable  solution  of  the  overflowing  ardor  and 
abounding  energy,  which  are  so  prominently  exhibited  in  Ken- 
tuckians;  and  which  still  mark  the  descendants  of  that  gallant 
and  daring  body  of  men,  who  conquered  the  most  favorite  hunt- 
ing ground  of  the  Indians.     In  addition  to  this,  a  large  body 
of  revolutionary  officers  and  soldiers  had  settled  in  Kentucky, 
and  no  doubt  had,  increased  the  military  impulse.     With  this 
excitability  of  character,  also  preserved  in  no  slight   degree   in 
the  parent  stock  of  Virginia,  the  thrilling  events  of  the   French 
revolution,  which  had  arrayed  Fox  and  M'Intosh  against  Pitt  and 
Burke,  impressed  themselves  on  the  feelings  of  Kentucky,  with 
the  utmost  power.     In   this  way   the  great   moral  volcano  of 
France  poured  its  streams  of  desolating  lava  on  the  distant  lands 
of  Kentucky.     France  and  Frenchmen  were  identified  with  all 
the  high  and  hallowed  sentiments  of  liberty  and  national  grati- 
tude; and  no  wonder  the  effects  on  all  the  relations  of  society, 
were  deep  and  wide.     Hoav  mistaken  and  ill  directed,  and  more- 
over  how  ill  requited  was  all  this  enthusiasm  of  Americans  for 
French  interests,  need  not,  thank  God,  be  now  detailed.     Its  ut- 
ter overthrow,  and  with  it,  all  "inveterate  antipathies  against 
particular  nations,  and  passionate  attachment  for  others,"  in  the 
terms  of  Washington's  sacred  farewell  to  his  countrymen,  are  now 
to  be  seen  in  a  genuine  national  pride ;  which,  while  it  should  not 
be  blind  to  the  excellences  of  other  nations,  will  at  all  times,  in 
peace  and  in  war,  rally  round  our  own  country  in  opposition  to 
any  other  on  the  earth. 

•  Under  the  influence  of  the  national  excitement,  which  then 
marked  Kentucky,  in  common  with  the  rest  of  this  republic,  a 
numerous  and  respectable  meeting  was  held  in  Lexington  on 
the  24th  of  May,  1794;  when  resolutions  of  a  most  violent  char- 
acter were  adopted,  expressive  of  unqualified  censure  upon  the 
administration  of  the  great  Washington,  mixing  all  the  difficulties 
and  perplexities  attending  the  Indian  war,  British  outrages  and 
Spanish  procrastination,  in  one  mass  of  condemnation.  The 
virtuous,  the  patriotic  and  enlightened  Jay  was  denounced  as  an 
enemy  to  the  western  country,  and  finally  a  convention  was 


HISTORY  OF  ke:\tucky.  235 

invited  "for  the  purpose  of  deliberating  on  the  steps,  which  will 
be  most  expedient  for  the  attainment  and  security  of  our  just 
rights." 

The  military  defence  was  particularly  inveighed  against, 
althouch  no  government  could  have  exerted  itself  more  affection- 
ately  than  that  of  Washington,  under  the  embarassments  of  so 
distant  and  so  vulnerable  a  frontier;  with  a  foreign  force  stimu- 
lating the  enemy  within  the  bosom  of  the  country.  Yet,  when 
by  the  light  of  our  own  tim.es,  the  conduct  of  a  war  in  the  same 
region,  in  the  comparative  maturity  of  the  government  is 
compared  with  that  which  was  carried  on  under  ten-fold  embar- 
rassment; the  approval  of  the  administration  is  irresistible.  If 
the  government  of  the  United  States,  with  all  its  strength  and 
efficiency,  took  three  campaigns  in  1812  and  1813,  to  defeat  the 
Indians,  what  credit  does  the  administration  of  Washington  not 
deserve  in  1794,  to  have  effected  the  same  object  in  four  cam- 
paigns, two  of  which  only  were  active  ones?  The  complaints 
respecting  foreign  negotiations  might  be  as  effectually  answered; 
but  it  is  not  material  to  this  history;  suffice  it  to  say,  the  conven- 
tion could  not  be  brought  about  with  all  the  powerful  incentives, 
which  were  applied  to  inflame  the  public  indignation.  The 
subject  of  the  excise  on  distilled  spirits,  next  produced  its  irrita- 
tions on  Kentucky  temper;  but  they  never  exceeded  some  hard 
words,  and  more  tricks  upon  the  public  officers.  The  tumults 
of  Pennsylvania  happily  did  not  extend  themselves  to  Kentucky. 


CHAPTER  XIV. 


Wayne's  ramraian  of  ITJM — Indian  pcare  of  Greenville— British  Treaty  of  1T9J— Spanish 
Treaty  of  1"95 — Spanish  Neiotiatiors  with  Jtidse  Se!  astian  in  1795  and  in  1797 — First 
conflict  belvveen  the  court  of  Appeals  and  the  Legislature. 

General  Wayne,  who  was  left  in  head  quarters  at  Greenville, 
had,  in  the  course  of  the  winter  of  1793,  re-occupied  the  battle 
ground  of  St.  Clair,  and  erected  a  fort,  which  he  called  Reco- 
very. 


236  HISTORY    OF   KENTUCKY. 

Still  the  depredations  of  the  Indians  continued;  and  on  the 
10th  of  February,  Lord  Dorchester,  the  Governor  General  of 
Canada,  in  a  speech  addressed  to  several  Indian  tribes  assembled 
at  Quebec,  declared  to  them,  that  "he*  should  not  be  surprised 
if  Great  Britan  and  the  United  States  were  at  war  in  the  course 
of  the  year;  and  if  so  a  line  must  be  drawn  by  the  warriors.''''  In 
pursuance  of  this  hostile  spirit  Governor  Simcoee  stablished  a 
military  post  below  the  rapids  of  the  Maumee,  on  its  northern 
side,  about  fifty  miles  south  of  Detroit;  this  flagrant  outrage 
upon  our  territory  was  suitably  noticed  by  the  government, 
without  obtaining  the  withdrawal  of  the  insulting  garrison; 
instead  of  which,  it  provoked  a  justification  on  the  part  of  the 
British  Minister  of  this  encroachment  upon  a  nation  at  peace. 
It  was  indeed  a  time  of  insults  and  aggressions  from  both  France 
and  Great  Britian,  such,  as  it  is  to  be  trusted,  this  nation  will 
never  again  experience.  The  advance  of  British  forts  must  no 
doubt  have  greatly  encouraged  the  hostilities  of  the  Indians,, 
independent  of  the  actual  aids  in  arms  and  provisions  obtained 
from  the  British. 

To  this  must  be  attributed  in  some  degree  an  attack  in  July, 
upon  Fort  Recovery,  by  a  large  body  of  Indians,  who  after  an 
assault  for  twenty-four  hours  with  small  arms,  withdrew.  By 
the  26th  of  July  General  Scott,  accompanied  by  sixteen  hundred 
Kentucky  militia,  united  with  the  regular  army  under  Gen. 
Wayne,  of  about  the  same  number.  The  reluctance  to  co-operate 
with  regular  troops  had  disappeared  before  the  reputation  of 
Wayne,  propagated  by  the  Kentucky  volunteers  in  the  previous 
campaign.  The  army  under  General  Wayne  commenced  its 
march  to  the  confluence  of  the  Au  Glaizc  with  the  Maumee, 
where  the  richest  and  most  extensive  settlements  of  the 
Indians  lay;  there  he  attempted  a  surprise,  by  ordering  two 
roads  to  be  cut  from  Greenville  to  distract  the  enemy,  while  he 
marched  by  neither.  This  manoeuvre  was  however  defeated  by 
the  desertion  of  a  degenerate  soldier  by  the  name  of  JVewraant, 

♦American  State  Papers  vol.  2—65—73, 
tit  lias  iTfii  roiijerturt^d  !■>•  koiim'  offirnrs,  tlial  Newitmn  was  purposely  sent  by  Wayne 
assergeant  C'lininp  was  hy  VVasliinslon  (luring  the  rcvoliilioi  ary  war.    The  su^equent 
unexplained  pardon  orNewnian  gives  some  confirmation  to  this  idea- 


HISTORY    OF   KENTUCKY.  237 

who  gave  the  Indians  intelligence  of  the  approach  of  the 
armv  in  sufTicient  time  to  allow  of  their  evacuating  their  towns. 
They  were  accordingly  found  deserted;  while  Wayne  prosecuted 
his  march  down  the  northern  side  of  the  Maumee.  The  enemy 
were  now  reported,  by  the  scouts,  to  be  encamped  in  the 
vicinity  of  the  British  fort,  at  the  foot  of  the  Rapids,  where 
the  American  army  directed  its  march,  after  having  built 
Fort  Deposite,  about  seven  miles  from  the  British  garrison. 
On  the  20th  of  August,  the  march  was  resumed,  in  the  order 
hitherto  pursued.  After  proceeding  about  five  miles,  the  com- 
manding General  was  informed  by  a  messenger  from  Major 
Price,  who  led  the  advance,  that  he  had  discovered  the  enemy; 
their  left  resting  upon  the  IMaumee,  and  their  right  extending 
an  unknown  distance  into  a  thick  brush-wood.  The  army  was 
then  formed  upon  the  principles  previously  adopted,  to  receive 
the  enemy  in  front  in  two  lines;  its  right  resting  on  the  river, 
and  its  left  extending  into  the  wood  previously  mentioned. 
General  Scott  was  now  ordered  to  repair  to  Todd's  brigade  of 
Kentucky  volunteers,  which  had  marched  on  the  extreme  left 
of  the  army,  and  with  that  brigade  to  turn  the  extreme  right  of 
the  enemy,  and  attack  their  rear;  whilst  General  Barbee,  who, 
with  his  brigade  had  formed  the  rear  guard  of  the  army,  was 
directed  to  follow  the  second  line  of  infantry,  to  be  employed 
as  circumstances  might  require;  and  the  light  troops  and  guards 
in  front  of  the  army,  being  now  driven  in  by  the  enemy, 
to  arrest  their  progress  until  the  lines  of  infantry  were  properly 
formed;  Captain  Campbell,  who  commanded  the  advance  of  the 
dragoons,  was  directed  to  charge.  In  the  the  execution  of  this 
order,  that  gallant  officer  was  killed,  and  his  troop  driven 
upon  the  infantry,  which  being  at  length  formed,  were  or- 
dered to  "advance  and  charge  v/ith  trailed  arras,  and  rouse 
the  Indians  from  their  coverts,  at  the  point  of  the  bayonet,  and 
when  up,  to  deliver  a  close  and  well  directed  fire  on  their 
backs,  followed  by  a  brisk  charge,  so  as  not  to  give  them  time 
to  load  again,  or  to  form  their  lines."  "Such  was  the  impetuosity 
of  the  charge,  by  the  first  line  of  infantry,  that  the  Indians, 
Canadian  militia  and  volunteers  were  driven  from  all  their  cov- 


'238  HISTORY    OF   KENTUCKY. 

erts,  in  so  short  a  time,  that  ahhough  every  possible  exertion  was 
used  by  General  Scott  and  his  detachment  of  the  mounted 
volunteers,  to  gain  their  proper  positions,  but  part  could  get  up 
in  season  to  participate  in  the  action,  the  enemy  being  driven 
in  the  course  of  one  hour,  more  than  two  miles,  through 
the  thick  woods,  already  mentioned,  by  less  than  one  half 
their  number."  "The  loss  of  the  enemy  was  more  than 
double  that  of  the  Federal  army.  The  woods  were  strewed 
for  a  considerable  distance  with  the  dead  bodies  of  Indians  and 
their  white  auxiliaries,  the  latter  armed  with  British  muskets 
and  bayonets.  *Brig.  General  Wilkinson,  who  commanded  the 
right  wing,  was,  fi'om  some  personal  disagreement  between  him 
and  his  commander,  ungenerously  omitted  in  the  dispatch 
announcing  the  victory.  The  army  remained  for  three  days 
encamped  on  the  Maumee,  in  front  of  the  battle-ground,  de- 
stroying all  the  houses  and  fields  of  grain,  including  the  house 
and  stores  "of  Col.  M'Kee,  the  British  Indian  agent,  and  prin- 
cipal stimulator  of  the  war  now  existing  between  the  United 
States  and  the  savages."  While  the  American  force  was  thus 
encamped.  Major  Campbell,  who  commanded  the  British  fort  on 
the  Miamis,  (as  the  Maumee  was  then  written,)  addressed  a  letter 
to  General  Wayne  to  know  in  what  light  he  was  to  view  "such 
near  approaches,"  "almost  within  reach  of  the  guns  of  a  post  be- 
longing to  his  Majesty,  the  king  of  Great  Britain."  To  this  inso- 
lent demand  Wayne  replied,  that  "were  you  entitled  to  an  answer, 
the  most  full  and  satisfactory  was  announced  to  you  from  the  muz- 
zles of  my  small  arms  yesterday  morning,  in  the  action  against 
hordes  of  savages  in  the  vicinity  of  your  fort,  which  terminated 
gloriously  for  the  American  arms."  This  was  followed  by  several 
other  letters  in  a  tone  of  proud  defiance  on  the  part  of  the  Amer- 
ican officer,  concluding  in  a  demand  in  the  name  of  the  President 
of  the  United  States,  to  withdraw  and  remove  his  troops  to  the 
nearest  post  occupied  by  the  British  at  the  peace  of  1783. 
To  this  demand  it  was  gallantly  answered,  that  "the  post  would 
not  be  abandoned  at  the  summons  of  any  power  whatever,  until 
©rders  were  received  from  his  superiors,  or  the  fortunes  of  war 

♦  See  Appendix. 


HISTORY  OF  KENTUCKY.  239 

should  oblige  him.'"  Here  the  correspondence  terminated ;  and 
every  thing  within  view  of  the  fort,  and  even  under  the  muzzles 
of  the  guns,  was  immediately  fired  and  destroyed.  The  least 
retaliation  for  these  insults,  would  in  all  probability,  have  pro- 
duced the  demolition  of  this  audacious  intrusion  of  a  foreign  post 
upon  our  soil  in  time  of  peace;  the  temper  of  the  Kentuckians, 
at  that  time  so  exasperated  by  British  aids  to  the  Indians,  was 
ripe  for  any  extremities;  they  were  however  fortunately  avoid- 
ed, more  by  the  prudence  of  the  British  officer,  than  a  correspon- 
dent sentiment  on  the  part  of  the  American  commander.  The 
Indians  were  shortly  afterwards  invited  to  a  treaty  at  Greenville, 
where  they  made  large  cessions  of  territory  to  the  United  States, 
includins:  all  claims  south  of  the  Ohio  river,  and  concluded  a 
peace,  which  was  faithfully  observed  until  the  war  of  1812. 

The  legislation  of  the  state  now  presses  itself  on  the  attention 
and  in  one  of  its  most  important  bearings,  that  of  the  Judiciary; 
no  department  of  a  government  of  laws,  comes  home  to  the  fire- 
sides and  bosoms  of  the  people  so  dearly  as  this ;  nor  is  there  one 
whose  learning,  intelligence  and  purity  ought  to  be  alike  above 
a  feeling  of  dependence  upon  the  legislature  and  of  fear  of  the 
people,  whose  rights  are  deposited  in  their  peaceful  guardian- 
ship.    In  the  session  of  1795,  an  act  passed  reciting  the  burthen- 
some  constitution  of  the   court  of  Appeals,  divested   it  of  its 
original  jurisdiction  in  land  cases,  and  established  six  district 
courts;  one  at  Washington  in  Mason  county,  a  second  at  Paris, 
a  third  at  Lexington,  a  fourth  at  Franklin,  a  fifth  at  Danville 
and   a   si.xth    at   Bairdstown.     These    courts    superseded    the 
criminal  court  of  Oyer  and  Terminer;  they  were  held  twice  a 
year  by  two  Judges;  their  jurisdiction  embraced  all  matters*  at 
common  law,  or  in  chancery  arising  within  their  districts,   ex- 
cept actions  of  assault  and   battery,   actions  for  slander,   and 
actions  of  less  value  than  fifty  pounds,  "unless  in  the  latter  case 
they  were  against  justices  of  the  peace."     Another  act  of  the 
next  session  established  a  court  of  Quarter  Sessions  in   each 
county,  to  be  composed  of  three  justices  of  the  peace  to  be  ap- 
pointed for  that  purpose:  while  a  third  act  re-constructed  the 

♦Marshall,  vol.  2  p.  55. 


240  HISTORY  OF  KENTUCKY. 

county  courts,  whose  judges,  like  their  judicial  brethren  of  the 
Quarter  Sessions  have  been  repealed  out  of  authority,  by  repeal- 
ing the  law  creating  their  offices.     This  legislative  control  of 
the  judges  of  courts  inferior  to  the  court  of  Appeals,  although 
the  established  construction  under  the  constitution  of  the  United 
States,  as  well  as  that  of  Kentucky,  seems  unfounded  in  any 
principle  which  will  not  make  all  the  courts  equally  the  crea- 
tures of  the  legislature.     The  constitutional  description,  and  the 
tenure  of  office,  are  the  same;  yet  the  existence  of  the  judges 
is  made  dependent  upon  the  will  of  the  legislature  just  with  the 
same  effect  as  if  the  judges  held  their  offices  at  the  pleasure  of 
the  legislature.     The  evasion  of  the  constitutional  tenure  by  re- 
pealing the  office  and  thus  reaching  the  officer,  who  would  oth- 
erwise be  beyond  the  reach  of  the  legislature,  is  too  inconsitent 
and  too  indirect,  to  be  a  constitutional  argument. 

If  the  personal  ability  or  learning  of  the  judges  is  insufficient, 
let  them  be  addressed  out  of  office;  but  let  the  independent 
tenure  of  judicial  authority,  so  indispensible  to  equal  justice, 
remain  unimpaired.  The  principle  of  legislative  control  over 
the  office,  and  thus  indirectly  over  the  officer,  became  in  the  sub- 
sequent history  of  the  state,  the  root  of  a  most  embittered  and 
dangerous  controversy,  respecting  its  application  to  the  Court  of 
Appeals. 

Another  branch  of  legislation,  which  has  occasioned  deep 

interest  in  the  State  is  that  connected  with  titles  to  land ;  which, 

in  every  civilized  community  must  possess  deep  and  enduring 

importance.     On  this  subject,  an  act  passed  at  the  session  of 

17'.);},  giving  "further  time  to  the  owners  of  lands  to  survey  the 

same,  and  f  )r  returning  plats  and  certificates  to  the  Register's 

Office."     This  is  the  first  act  of  Kentucky  supposed  to  violate 

the  compact  between  her  and  Virginia,  in  regard  to  land  titles, 

a  controversy  which  has  acquired  inexpressible  importance  at 

every  step  of  its  agitation;  and  has  involved  the  legislatures, 

the  courts  and  the  people  in  equal  concern.     The  article  of  the 

compact  supposed  to  be  infringed  by  this  act,  expresses  "that  all 

private  rights  and  interests  of  lands,  Vv'ithin  the  said  district, 

derived  from  the  laws  of  Virginia,  prior  to  such  separation,  shall 


HISTORY   OF   KENTUCKY.  241 

private  rights  and  interests  of  lands  within  the  said  district,  de- 
rived from  the  laws  of  Virginia,  prior  to  to  the  separation,  shall 
remain  valid  and  secure  under  the  laws  of  the  proposed  state, 
and  shall  be  determined  by  the  laws  now  existing  in  this  state," 
meaning  the  state  of  Virginia.  The  act  of  Kentucky  militating 
with  this  article,  gives  the  time  of  one  year  from  the  1st  of  Jan- 
uary, 1794,  to  the  owners  of  entries  to  comply  with  the  requisi- 
tions of  the  same,  during  which  time,  no  such  entry  shall  be 
forfeited. 

An  important  law  concerning  real  estate,  early  passed  the 
legislature  of  Kentucky.  In  Virginia,  lands  had  not  been  sub- 
ject to  execution;  they  were  now  including  "tenements  and 
hereditaments  in  possession,  reversion  or  remainder,"  subjected 
to  this  final  process.  A  valuation  was,  however,  to  be  made,  and 
unless  the  lands  would  sell  for  three  fourths  of  this  estimate  for 
ready  money,  the  defendant  might  replevy  the  debt  for  three 
months. 

The  civil  list  of  the  session  is  worth  recording  for  its  simpli- 
city and  economy,  virtues  which  sadly  diminish  in  the  progress 
of  government.  The  governor  was  to  receive  £300,  or  ^1000 
per  annum,  to  be  paid  quarter  yearly;  the  judges  of  the  court 
of  Appeals  each  £200,  or  ^666  60;  the  judges  of  the  court  of 
Oyer  and  Terminer  £30,  or  $100;  Secretary  of  State  £100, 
or  £333  33;  Treasurer,  Auditor,  and  Attorney  General  the 
same.  The  session  of  1793  furnished  the  first  law  of  appor- 
tionment of  representatives  under  the  constitution ;  it,  however, 
assigned  the  representation  arbitrarily,  without  determining  any 
particular  ratio.  The  number  of  representatives  was  forty- 
seven,  apportioned  as  follows :  Bourbon  five,  Clark  two,  Fayette 
six,  Green  one,  Hardin  one,  Harrison  one,  Jefferson  two,  Lo- 
gan one,  Lincoln  three,  Mercer  three,  Madison  three,  Mason 
three.  Nelson  three,  Shelby  one,  Scott  two,  Washington  two,  and 
Woodford  three. 

The  population  of  the  State  had,  at  the  recent  census  of 
1790,  amounted  to  73,677,  of  which  12,430  were  slaves.  The 
session  of  '93  was  held  at  Frankfort,  and  the  public  buildings  not 
being  ready,  the  legislature  assembled  in  a  large  framed  house, 

X 


242  HISTORY   OF   KENTUCKY. 

belonging  to  Major  James  Love,  at  the  lower  end  of  the  present 
town,  on  the  river  bank.  The  revenues  of  the  state  from  the 
15th  of  November  1792,  to  the  same  date  in  1793,  amounted 
to  £4,920  or  $16,400  00,  and  the  expenditure  to  £4921  or 
.$16,403  00. 

The  year  1795  brought  about  peace  with  the  Indian  tribes  to 
the  north,  at  the  treaty  of  Greenville,  which,  with  a  similar 
arrangement  v.ith  the  southern  Indians  in  1796,  completed  the 
tranquillity  of  the  barbarians  on  our  frontiers.  These  pacific 
measures,  so  important  to  the  prosperity  of  the  one  party,  and 
the  existence  of  the  other,  were  most  essentially  promoted  by 
the  British  treaty  concluded  on  the  19th  of  November,  1794,  and 
the  equally  important  treaty  with  Spain,  agreed  to  on  the  27th 
of  October,  1795. 

In  regard  to  the  British  treaty,  which  convulsed  this  country 
more  than  any  measure  since  the  revolution;  and  which  requi- 
red all  the  weight  of  General  Washington's  great  and  beloved 
name  to  give  it  the  force  of  law ;  no  section  of  the  country  was 
more  deeply  interested  than  Kentucky.  Yet  perhaps  in  no  part 
of  the  Union  was  it  more  obnoxious.  Its  whole  contest  encoun- 
tered the  strong  prepossession  of  the  whigs  against  every  thing 
British;  and  this  feeling  seems  to  have  prevailed  in  greater 
bitterness  among  the  people  of  the  southern  states,  (possibly 
from  more  intense  sufferings  in  the  revolutionary  war)  than  in 
any  other  portions  of  the  union.  Yet  now  when  the  passions 
that  agitated  the  country  so  deeply,  and  spread  the  roots  of  party 
so  widely  have  subsided,  the  award  of  sober  history  must  be, 
that  the  British  treaty  was  dictated  by  the  soundest  interests  of 
this  young  and  growing  country.  What  else  saved  our  infant 
institutions  from  the  dann-erous  ordeal  of  war?  What  restored 
the  western  posts,  the  pledges  of  western  tranquillity,  but  this 
much  abused  convention?  The  military  establishments  of  the 
British  on  the  western  frontiers,  were  to  be  surrendered  before 
the  first  day  of  June,  1796:  further  than  this,  Kentucky  was  not 
particularly  interested ;  but  it  is  due  to  the  reputation  of  the 
immortal  Father  of  his  country,  and  the  statesmen  of  Kentucky 
who  supported  his  administration  in  this  obnoxious  measure,  to 


IIISTOKY    OF   KENTUCKY.  243 

business  of  importance,  which  he  had  to  communicate  concern- 
mention  that  Mr.  Jay  intormed  General  Washington  in  a  private 
letter,*  that  "to  do  more  was  impossible,  further  concessions  on 
the  part  of  Great  Britain,  cannot,  in  my  opinion,  be  obtained;" 
he  also  added,!  "the  confidence  reposed  in  your  personal  charac- 
ter was  visible  and  useful  throughout  the  negotiations."  Happy^ 
most  happy  was  it  for  the  new  union  and  young  institutions  of 
these  states,  that  they  were  allowed  by  this  treaty,  time  sufficient 
to  obtain  root;  and  fortify  themselves  in  the  national  affections. 

The  other  foreign  treaty  mentioned  above,  may  well  be  c6n- 
nected  here,  for  its  important  bearing  on  the  limits,  the  trade 
and  the  peace  of  Kentucky,  though  negotiated  at  a  subsequent 
period.  To  have  a  clear  view  of  this  negotiation  it  will  be 
necessary  to  revert  to  the  difficulties  and  obstacles  opposed  by 
Spain  to  our  western  limits  and  navigation,  at  the  earliest  steps 
of  our  intercourse  with  her  as  an  independent  power. 

It  will  be  recollected  how  strenuous  and  artful  were  the 
attempts  of  both  the  branches  of  the  house  of  Bourbon,  to  prevent 
the  aggrandizement  of  these  states  by  a  liberal  boundary,  and  the 
navigation  of  the  Mississippi.  By  the  stern  and  uncompromi- 
sing patriotism  of  John  Jay,  and  the  liberal  policy  of  the  British 
government,  these  diplomatic  intrigues  were  defeated,  as  far  as 
related  to  the  treaty  of  peace  with  Great  Britain;  but  they  were 
long  and  artfully  renewed  by  Spain  on  her  own  account.  One 
branch  of  these  diplomatic  machinations^  has  been  already 
noticed  in  the  fruitless  overtures  of  Don  Gardoqui,  through  the 
Hon.  John  Brown,  then  a  member  of  the  old  Congress,  to  his 
friends  in  Kentucky,  and  to  the  convention  of  December  1787. 
It  now  remains  to  pursue  this  most  persevering  of  the  foreign  in- 
tigues  which  were  aimed  at  the  independence  and  the  freedom  of 
Kentucky.  The  new  government  of  the  United  States,  among 
its  earliest  negotiations  abroad,  adopted  measures  for  scttHng  the 
subjects  of  difiercnce  between  this  country  and  Spain.  These  at- 
tempts were  met  by  the  latter  country  with  alternate  encourage- 
ment and  neglect,  as  her  affairs  with  France  and  Great  Britain 
promised  a  continuance  of  peace,  or  threatened  to  involve  her  in 

:  Jay'sLife,  vol.  2,  p.235.  fMarsliall's  Washington,  vol.  2,  p.  260,  2(1  edition. 

^American  State  papers,  vol.  10,  p.  120. 


244  HISTORY   OP   KENTUCKY. 

the  mortal  strife,  which  was  desolating  the  centre  of  Europe. 
Our  Spanish  relations  continued  in  this  condition  until  1794, 
when  on  the  intimation  of  the  Spanish  commissioners,  Messrs. 
Viar  and  Jaudenes,  in  this  country,  President  Washington  deter- 
mined to  send  Mr.  Thomas  Pinckney,  our  minister  at  London,  to 
Madrid,  to  conclude  a  treaty  at  that  city.  The  minister  arrived 
there  about  the  last  of  June,  1795;  but  did  not  conclude  his  nego- 
tiations until  after  a  long  appendix  to  the  tantalizing  labors  of  fif- 
teen years,  on  the  27th  of  October  of  the  same  year.  The  pur- 
port of  this  treaty  acknowledged  our  southern  limits  to  the  north- 
ernmost part  of  the  thirty -first  degree  of  north  latitude;  our  wes- 
tern, to  the  middle  of  the  Mississippi,  its  navigation  to  the  sea,  with 
a  rio-ht  of  deposit  at  New  Orleans  for  our  produce,  during  three 
years.  Yet  amidst  these  fair  prospects  of  arranging  all  our  differ- 
ences at  Madrid,  an  insidious  under  plot  was  formed  at  New  Or- 
leans.* 

In  July,  1795,-  Governor  Carondclet  dispatched  Thomas  Power 
to  Kentucky,  with  a  letter  to  Benjamin  Sebastian,  then  a  judge 
of  our  court  of  Appeals.  In  this  communication  he  declares, 
that  the  '■^confidence  reposed  in  you  by  my  predecessor,  Brigadier 
General  Miro,  and  your  former  correspondence,  have  induced 
me  to  make  a  communication  to  you  highly  interesting  to  the 
country  in  which  you  live,  and  to  Louisiana."  He  then  men- 
tions that  the  king  of  Spain  was  "willing  to  open  the  navigation 
of  the  Mississippi  to  the  western  country,  and  desirous  to  estab- 
lish certain  regulations,  reciprocally  benificial  to  the  commerce 
of  both  countries."  To  effect  these  objects,  judge  Sebastian 
was  expected,  the  Governor  says,  "to  procure  agents  to  be  cho- 
sen and  fully  empowered  by  the  people  of  your  country,  to  nego- 
tiate with  Colonel  Gayaso  on  the  subject,  at  New  Madrid,  whom 
I  shall  send  there  in  October  next,  properly  authorized  for  the 
purpose,  with  directions  to  continue  at  the  place  or  its  vicinity, 
until  the  arrival  of  vour  agents."  "Some  time  in  November  or 
early  in  December  of  this  year,  judge  Innes  and  William 
Murray  received  a  letter  from  judge  Sebastian  requesting  them 
to  meet  him  at  Colonel  Nicholas'  house  in  Mercer  county,  on 

» Journal  H.  RejircscntativeE,  1606,  and  Wilkinson's  memoire,  vol.  2.    AppendicQ  5  and  4S. 


HISTORY   or   KENTUCKY.  245 

ing  them  all.     The  gentlemen  addressed,  went  as  desired,  to 
Colonel  Nicholas',  and  met  judge  Sebastian  there,  who  submitted 
the  letter  quoted  above;  some   deliberation  ensued,  which  re- 
sulted in  the  unanimous  opinion  of  all  the  gentlemen  assem- 
bled, that  judge  Sebastian   should   meet  Colonel   Gayaso,   to 
ascertain  the  real  views  of  the  Spanish  government   in  these 
overtures.     The    judge  accordingly  descended  the  Ohio,  and 
met   the  Spanish  agent  at  the  mouth  of  the  river:   in  conse- 
quence of  the  severity  of  the  weather,  the  gentlemen  agreed  to 
go  to  New  Madrid.     Here  a  commercial  agreement  was  par- 
tially approved  by  Sebastian;  but  a  difference  of  opinion  occur- 
ring between  the  negotiators,  whether  any  imposts,  instead  of  a 
duty  of  four  per  cent,  (it  had  been  six  per  cent,  on  imports,  and 
as  much  on  exports,)  should  be  exacted  upon  importations  into 
New  Orleans,  by  the  way  of  the  river;  the  negotiators  repaired 
to  tlie  metropolis,  in  order  to  submit  the  difference  of  opinion  to 
the  Governor.     This  officer,  upon  learning  the  nature  of  the  dif- 
ference between  the  gentlemen  acting  in  this  treacherous,  and 
on  the  American  side,  most  insidious  negotiation,  readily  con- 
sented to  gratify  the  Kentucky  envoy.     It  was  deferred,  on  ac- 
count of  some  pressing  business.     A  few  days  after  this  inter- 
view,  the   Spanish  Governor   sent   for  judge    Sebastian,   and 
informed  him  that  a  courier  had  arrived  from  Havanna  with  the 
intelligence,  that  a  treaty  had  been  signed  between  the  United 
States  and  Spain,  which  put  ^n  end  to  the  business  between 
them.     Judge  Sebastian,  after  vainly  urging  the  Spanish  Gov- 
ernor to  close  this  sub-negotiation,  in  the  expectation  that  the 
treaty  would  not  be  ratified,  returned  to  Kentucky  by  the  Atlan- 
tic ports. 

Several  reflections  necessarily  arise  out  of  this  summary  of 
the  negotiation  of  1795 :  which  was  preserved  secret  from  the 
government  of  Kentucky,  until  voluntarily  disclosed  by  judge 
Innes,  in  1806,  before  a  committee  of  the  legislature.  The 
first  remark  that  suggests  itself  on  the  face  of  these  documents 
is,  that  judge  Sebastian  had  been  connected  with  the  Spanish 
government  before  this  time ;  since  Governor  Carondelet  refers 

to  the  confidence  reposed  in  him  by  his  predecessci.     To  what 

X2 


246  HISTORY   OF   KENTUCKV. 

extent,  and  how  long,  no  information  exists  within  the  command 
of  the  author,  although  he  has  attempted  to  investigate  the 
earliest  ramifications  of  a  plot,  now  only  interesting  for  its  his- 
torical curiosity,  and  not  as  an  engine  of  party  ambition.  This 
negotiation,  though  terminated  so  abruptly  by  Carondelet,  con- 
trary to  the  urgent  representations  of  Sebastian,  was  again 
renewed  by  the  former  officer  in  1797;  while  the  territorial  line 
was  marking  between  the  United  States  and  Spain,  on  the  south. 
It  was  again  effected  through  the  agency  of  Messrs.  Power  and 
Sebastian,  and  in  a  way  to  endanger  the  union  and  peace  of 
these  states  more  flagrantly  and  openly,  than  on  the  former  more 
covert  attempt. 

In  the  summer  of  1797,  Thomas  Power  again  arrived  at  Lou- 
isville, as  the  agent  of  the  Governor  of  Louisiana,  and  immedi- 
ately communicated  a  letter  to  Sebastian,  desiring  him  to  lay  his 
proposals  before  Messrs.  Innes,  Nicholas,  and  Murray.  These 
proposals  were  no  less  than  to  Avithdraw  from  the  federal  union, 
and  to  form  "a  government  wholly  unconnected  with  that  of  the 
Atlantic  States."  To  aid  these  nefarious  purposes,  in  the  face 
of  a  solemn  treaty  recently  negotia.ted,  and  to  compensate  those 
who  should  consign  themselves  to  infamy  by  assisting  a  foreign 
power  to  dissolve  the  American  union;  and  to  convert  its  free 
republican  states  into  dependencies  on  the  arbitrary  and  jealous 
government  of  Spain,  orders  for  one,  or  even  two  hundred 
thousand  dollars,  "on  the  royal  treasury  of  New  Orleans,"  were 
offered ;  or  "if  more  convenient,  these  sums  were  to  be  conveyed 
at  the  expense  of  his  Catholic  Majesty  into  this  country,"  and 
held  at  the.  disposal  of  those,  who  should  degrade  themselves 
into  Spanish  conspirators.  Fort  Massac  was  pointed  out  as  an 
object  proper  to  be  seized  at  the  first  declaration  of  independ- 
ence; and,  "the  troops  of  the  new  government,"  it  was  promised, 
"should  be  furnished,"  without  loss  of  time,  "with  20  field  pieces, 
with  their  carriages,  and  every  necessary  appendage,  including 
powder,  balls,  &c.,  together  with  a  number  of  small  arms  and 
ammunition,  sufficient  to  equip  the  troops  which  it  should  be 
judged  expedient  to  raise."  The  compensation  for  these  free 
offers  of  money  and  arms,  independent  of  weakening  the  United 


HISTORY   OF   KENTUCKY.  247 

States,  was  to  be  obtained  in  the  extension  of  the  northern 
boundary  of  the  possessions  to  which  Spain  had  so  pertinacious- 
ly clung;  and  which  she  now  so  despei-ately,  and  for  the  last 
time,  endeavored  so  treacherously  to  retain.  The  northern 
boundary  on  this  side  of  the  Mississippi  was  to  be  the  Yazoo,  as 
established  by  the  British  government  when  in  possession  of 
the  Floridas;  and  which  was,  by  a  secret  article  in  the  treaty 
of  peace,  retained,  as  the  boundary  between  the  United  States 
and  Floridas,  should  Great  Britain  recover  them  from  Spain. 
Eager  indeed,  must  Spain  have  been  to  obtain  this  insignificant 
addition  to  her  boundary,  when  she  could  break  in  upon  her 
jealous  exclusion  of  foreigners  from  her  American  possessions; 
and  promise  the  Kentuckians,  "if  they  would  declare  them- 
selves independent  of  the  federal  government,  and  establish  one 
of  their  own,  to  grant  them  privileges  far  more  extensive,  give 
them  a  decided  preference  over  the  Atlantic  States,  in  her  com- 
mercial connections  with  them;  and  place  them  in  a  situation 
infinitely  more  advantageous,  in  every  point  of  view,  than  that 
in  which  they  avouW  find  themselves,  were  the  treaty  (meaning 
the  treaty  between  the  United  States  and  Spain  of  '95)  to  be 
carried  into  effect."  Such  were  the  powerful  temptations  pre- 
sented by  the  Spanish  government  of  Louisiana,  to  some  of  the 
leading  men  of  Kentucky,  in  order  to  seduce  them  into  a  de- 
pendency of  Spain.  These  offers  were  entertained  too  gravely, 
and  rejected  with  too  much  tameness  for  the  honor  of  Kentucky 
patriotism,  as  will  appear  from  the  following  detail  given  by 
judge  Innes  to  the  legislative  committee  previously  mentioned. 
After  receiving  the  above  communications  from  Power,  Se- 
bastian visited  judge  Innes,  at  his  seat  near  Frankfort,  and  laid 
them  before  him.  The  judge  immediately  observed,  "that  it 
was  a  dangerous  project  and  ought  not  to  be  countenanced ;  as 
the  western  people  had  now  obtained  the  navigation  of  the  Mis- 
sissippi, by  which  all  their  wishes  were  gratified.  Mr.  Sebas- 
tian concurred  in  sentiment,  after,  it  must  be  observed,  this  eX' 
plicit  declaration  of  judge  Innes,  who  seems  to  have  given  tone 
to  the  whole  transaction.  Still  as  Power  desired  an  answer  in 
writing,  Sebastian  prevailed  on  Innes  to  see  Colonel  Nicholas ; 


248  HISTORY   OF   KEXTUCKY. 

savins',  "whatever"  thev  "did,  he  would  concur  in."  In  a  few 
days  afterwards,  Colonel  Nicholas  was  seen  by  the  judge,  at 
Lexington,  who  agreed  in  opinion  vvith  Innes,  that  the  proposal 
"ought  to  be  rejected."  The  Colonel  accordingly  wrote  an 
answer*  to  Power's  communication,  which  unequivocally  de- 
clared they  "would  not  be  concerned  in  any  attempt  to  separate 
the  western  country  from  the  United  States ;  that  whatever  part 
they  might  at  any  time  be  induced  to  take  in  the  politics  of 
their  country,  that  her  welfare  would  be  their  only  inducement, 
and  that  they  would  never  receive  any  pecuniary  or  other  re- 
ward for  any  personal  exertions  made  by  them  to  promote  that 
welfare."  They  added,  "that  they  flattered  themselves,  that 
every  thing  concerning  the  important  business  of  the  navigation 
of  the  Mississippi,  would  be  set  right  by  the  governments  of  the 
two  nations ;  but  if  this  should  not  be  the  case,  it  appeared  to 
them,  that  it  must  be  the  policy  of  Spain  to  encourage  by  every 
possible  means  the  free  intercourse  with  the  inhabitants  of  the 
western  country;  as  this  will  be  the  most  efficient  means  to  con- 
ciliate their  good  will,  and  to  obtain  without  hazard,  and  at  re- 
duced prices,  those  supplies  which  are  indispensably  necessary 
to  the  Spanish  government,  and  its  subjects."  This  reply  was 
forwarded  to  Mr.  Sebastian,  and  communicated  by  him  to  Mr. 
Power. 

This  transaction  must  be  pronounced  a  dangerous  tampering 
with  a  foreign  power,  and  contrary  to  the  allegiance  of  Ameri- 
can citizens.  Yet  the  whole  tenor  of  the  conduct  of  Messrs. 
Innes  and  Nicholas  cannot  justify  the  slightest  suspicion  of  their 
fidelity  to  the  union  of  the  American  States,  or  indifference  to 
their  liberties.  Their  character  for  faithful,  devoted  friends 
to  the  freedom  and  happiness  of  their  country,  had  ever  stood 
high  and  unimpaired  in  the  confidence  of  their  fellow  citizens. 
It  is  likewise  due  to  the  virtues  of  Judge  Innes,  to  declare,  that 
in  all  the  relations  of  private  life,  no  man  was  dearer  or  more 
idolized  by  the  witnesses  of  his  mild,  upright,  and  benevolent 
character.  Ilisj  public  career  in  this  country,  amidst  its  earli- 
est diflicultics,  had  always  been  one  of  high  trust  and  confi- 

*  Dated  I^xinj-lon,  Sept.  4, 1797.    Rep.  Journal,  1806. 

I  D.  Clark's  letter  to  Judge  Innes.    Palladium,  April  7, 1808. 


HISTORY   OF   KENTUCKY.  249 

dence,  under  all  the  changes  of  government :  he  had  early  been 
appointed  judge  of  the  Virginia  district  court,  then  attorney 
general,  judge  of  the  United  States  district  court  for  Kentucky; 
a  member  of  the  board  of  war  for  the  western  country,  and 
president  of  our  first  college  of  electors.  In  all  these  responsi- 
ble capacities,  the  conduct  of  judge  Innes  was  without  reproach, 
and  raised  him,  most  deservedly,  high  in  the  public  esteem,  and 
received  the  repeated  thanks  of  General  Washington  for  the 
discharge  of  high  trusts.^  Colonel  Nicholas  has  left  the  reputa- 
tion of  an  exalted  and  patriotic  statesman  In  the  convention 
of  Virginia,  assembled  to  decide  upon  the  ratification  of  the 
present  constitution  of  the  United  States,  he  took  a  prominent 
and  influential  part  along  side  such  illustrious  worthies  as 
Wythe,  Madison,  and  Governor  Randolph.  In  the  opposition 
to  the  administration  of  the  elder  Adams,  he  bore  an  ardent 
share,  as  exhibited  in  his  celebrated  letter  to  a  Virginia  friend 
on  the  alien  law.     . 

In  regard  to  Mr.  Sebastian,  the  other  agent  in  this  unhappy 
business,  much  more  is  known  of  his  abilities,  commanding  ad- 
dress, and  most  courteous,  dignified  manners,  than  his  devotion  to 
popular  government.  He  had,  however,  received  a  judgeship 
in  the  Court  of  Appeals,  at  its  organization,  in  1792.  The 
most  probable  construction  of  this  conference  seems  to  be,  that 
Mr.  Sebastian  was  the  corrupt  instrument  of  Governor  Caron- 
delet,  and  that  he  perverted  his  acknowledged  abilities  and  in- 
timacy with  judge  Innes,  to  swerve  him  from  the  direct  and 
open  path  of  public  duty,  by  listening  to  proposals  from  a  for- 
eign government,  at  once  derogatory  to  his  duty  as  a  public 
oflicer  of  the  laws,  and  his  honor  as  a  faithful  citizen.  Over- 
powering indignation  should  have  flashed  Sebastian's  own  aban- 
donment of  his  duty,  as  one  of  the  supreme  judges  of  Kentucky, 
home  to  his  conscience,  and  instantaneous  denunciation  to  the 
constituted  authorities,  should,  at  all  hazards,  have  exposed  his 
treachery  to  his  government. 

Thus  might  the  commonwealth  have  been  shielded  from 
harboring  a  traitor  and  a  Spanish  pensioner  on  the  highest 
seats  in  her  temple  of  justice;  and  at  the  same  time  it  would 


250  HISTORY   OF    KEXTUCKY. 

have  protected  the  fame  of  himself  and  Col.  Nicholas  from  the 
blot  of  private  citizens  listening  to  plans  of  a  foreign  Govern- 
ment, destructive  to  the  peace  and  honor  of  their  country. 
Yet  the  author  is  not  unaware  of  the  difficulty  of  denouncing 
friends,  even  when  their  conduct  is  most  disapproved;  but 
the  merit  is  enhanced  by  the  difficulty,  and  duty  ought  to  be 
superior  to  personal  attachment. 

In  this  Spanish  conspiracy,  there  are  three  stages  and  corres- 
pondent degrees  of  condemnation.  The  first  existed  in  1787, 
when  Don  Gardoqui  communicated  his  overtures  to  the  people 
of  Kentucky,  to  establish  a  government  independent  of  the  rest 
of  the  confederacy;  this,  under  the  ominous  and  disgraceful  con- 
dition of  the  existing  government,  might  have  been  laudably  en- 
tertained by  Kentucky  patriots.  The  second  happened  in  1795, 
under  circumstances  of  accumulated  trial  and  disappointment  to 
the  fondest  and  most  indispensable  hopes  of  western  prosperity; 
at  this  time,  the  Spanish  propositions,  whatever  ultimate  views 
were  concealed  under  them,  only  aimed  at  an  irregular,  and  so 
far  unjustifiable  agreement  of  private  citizens  with  a  foreign 
government,  for  the  regulation  of  western  trade.  This  pro- 
posal, if  it  had  have  been  consummated,  would,  however,  have 
amounted  to  superseding  the  regular  operations  of  the  general 
government  in  the  western  commerce ;  and  would  have  granted 
exclusive  commercial  favors  to  the  parties  in  this  agi'eement, 
inconsistent  with  the  equal  constitutional  rights  of  the  citizens 
of  a  common  country.  It  would,  moreover,  have  been  intro- 
ductivc  of  a  foreign  influence,  dangerous  to  the  liberty  and 
peace  of  the  nation.  /But  tlie  third  stage  of  this  business,  after 
ten  years  interrupted  communications,  was  the  most  indefensi- 
ble of  all;  it  was  a  treacherous  and  undisguised  attempt  of 
Spain  to  di.ssever  this  country,  in  the  face  of  her  recent  treaty, 
and  inconsistent  with  every  thing  like  the  good  faith  which  is 
represented  as  characteristic  of  Castilian  honor.  This  intrigue 
of  the  provincial  authorities,  in  Spanish  Louisiana,  is  no  doubt 
to  be  traced  to  European  politics. 

On*  the  IDth  of  August,  179G,  France  and  Spain  concluded 

*  Pitkin's  United  States,  2  vol.— page  484-485. 


HISTORY   OF   KEXTtJCKY.  251 

a  treaty  of  alliance,  offensive  and  defensive,  guarantieinw  all 
the  territories  they  possessed  or  should  possess.  "Soon  after 
this,  Spain  complained  to  the  American  government,  that  the 
British  treaty  had  sacrificed  her  interests,  as  well  as  those  of 
France — particularly  in  abandoning  the  principle,  that  free 
ships  make  free  goods — and  by  enlarging  the  list  of  contraband; 
and  she  made  this  a  ground  for  delaying  the  delivery  of  the 
posts  on  the  IMisssissippi,  and  running  the  line  according  to 
tlie  treaty  of  1795."  In  this  remonstrance,  Spain  seems  to 
have  been  influenced  by  a  wish  to  maintain  the  interests  of 
France  in  regard  to  the  Floridas  and  Louisiana,  which  Mr. 
Munroe  mentions,  were  expected  to  be  obtained  by  the  French 
government;  "as  well  as  from  an  expectation  that  the  western 
people  might  still  be  induced  to  separate  themselves  from  their 
Atlantic  brethren."  Such  expectations  might  well  be  enter- 
tained from  the  exertions  of  her  agents  in  the  United  States 
from  1787  to  1797. 

While  Sebastian  was  procuring  the  answer  of  Messrs.  [nnes 
and  Nicholas  to  the  propositions  of  the  Spanish  Governor  of 
Louisiana,  Power  proceeded  to  the  head-quarters  of  Wilkin- 
son, then  at  Detroit,  with  a  letter  of  remonstrance  from  Caron- 
delet,  against  taking  possession  of  the  military  posts  on  the 
Mississippi,  "until  it  should  be  ascertained  whether,  before 
delivery  they  were  to  be  dismantled."  This  was  his  ostensible 
object,  his  real  one  has  been  seen  by  his  communications  with 
Sebastian,  and  by  his  instructions  from  the  Spanish  Governor. 
Power  delivered  his  letter  to  Wilkinson,  but  without  effecting 
any  delay,  on  his  part,  in  the  execution  of  his  duty;  and  the 
former  was,  contrary  to  his  remonstrances,  compelled  to  return 
by  way  of  Vincennes  to  Fort  Massac,  under  the  escort  of 
Captain  Shaumburg  of  the  American  army.  The  Governor 
of  the  north-western  territory  had  orders  from  the  government 
of  the  United  States,  (which  had  got  information  of  this 
insidious  mission,)  to  arrest  Power  and  send  him  to  Philadel- 
phia. Thus  terminated  the  repeated  attempts  of  the  Spanish 
Government  to  wrest  the  western  country  from  the  Union, 
after  she  had  been   frustrated  in  the  united  efforts  of  both 


252  HISTORY   OF   KENTUCKY. 

branches  of  the  House  of  Bourbon,  to  exckide  these  young  and 
thriving  states  from  the  Mississsippi,  at  the  peace  of  Paris,  in 
1782. 

It  is  now  necessary  to  retrace  the  course  of  events,  after  the 
first  propositions  of  Power,  which  have  been  narrated  beyond 
the  current  time,  in  order  to  preserve  them  unbroken.  On  the 
assembly  of  the  legislature,  in  1795,  General  Adair  introduced 
several  resolutions  expressive  of  the  sense  of  the  country  in 
regard  to  the  navigation  of  the  Mississippi,  the  delivery  of  the 
western  posts,  and  the  duty  on  distilled  spirits.  On  the  failure 
of  the  government  of  the  United  States  to  obtain  the  two  former 
objects,  it  was  declared  "the  duty  of  the  Kentucky  people  to  use 
every  necessary  exertion,  on  their  part,  in  concert  with,  and  to 
render  effectual  any  other  measures  which  may  be  adopted 
by  the  general  government  for  obtaining  these  interesting 
objects."  The  resolutions  passed  both  houses;  this  cordial 
disposition  towards  the  government  of  the  United  States  was 
farther  manifested  by  the  selection  of  Mr.  Humphrey  Mar- 
shall, a  sagacious  statesman,  and  devoted  friend  to  the  Wash- 
ington administration,  as  a  senator  of  the  United  States,  in 
opposition  to  the  brilliant  powers  of  John  Breckenridge. 

At  this  session  an  attempt  was  rnade  to  remove  George 
Muter  and  Benjamin  Sebastian  from  the  bench  of  the  court 
of  Appeals,  by  an  address  of  two  thirds  of  both  houses  of 
the  legislature.  The  cause  of  this  delicate  interference  with 
a  high  judicial  tribunal,  arose  out  of  an  opinion  and  decree 
of  the  court  of  Appeals,  on  the  subject  of  claims  under  cer- 
tificates issued  by  the  commissioners  for  settlements  and  pre- 
emptions, in  the  case  of  Kenton  against  McConnell.  No 
court  could  be  invested  with  higher  jurisdiction,  for  their 
duration,  than  these  tribunals  appointed  to  determine  the 
claims  of  the  settlers  to  the  lands  assigned  them  by  the 
benevolent  policy  of  Virginia,  in  consideration  of  actual  set- 
ilement  or  improvc?nent  in  the  country  amidst  its  dangers  and 
hardslii[)s.  Such  meritorious  titles  must  naturally  have  been 
regarded  with  the  fondest  afl'cction;  won  as  they  had  been  at 
the  hazard  of  every  thing  dear  to  man.     When,  therefore,  the 


HISTORY   OF   KENTUCKY.  253 

decisions  of  a  court,  which  were  made  final,  where  not  caveated 
by  the  land  law  of  1779,  creating  them;  and  whose  conclusive 
character  had  been  decided  by  the  old  District  court,  were  to 
be  opened  to  all  the  perilous  uncertaint)',  vexation,  and  expense 
of  legal  controversy;  it  was  not  at  all  strange,  that  the  people 
and  the  legislature  should  be  agitated.  A  memorial  was  laid 
before  the  legislature,  which  brought  the  matter  regularly  be- 
fore that  body.  The  House  of  Representatives  determined  to 
summon  the  two  judges  before  them.  This  was  done,  and  a 
copy  of  the  memorial  annexed  to  the  summons  was  served  on 
the  two  obnoxious  judges;  Wallace,  the  third  judge,  having 
objected  to  the  decree.  The  former  gentlemen  addressed  the 
Speaker  of  the  House,  informing  him,  that  they  could  find  no 
charge  against  them,  that  they  could  or  ought  to  answer;  that 
the  legality  of  an  adjudication  of  the  court  of  Appeals,  or  an 
opinion  of  any  judge  thereof,  in  any  cause,  could  not  be  pro- 
perly or  constitutionally  examinable  by  a  single  branch  of  the 
legislature:  and  they  protested  against  a  legislative  revision  of 
judicial  decisions.  But  they  said,  justice  to  the  judge,  and  to 
the  independence  of  the  court,  demanded  that  they  should  be 
proceeded  against  in  the  manner  pointed  out  in  the  constitution, 
in  which  mode  they  felt  themselves  ready  to  answer  any  specific 
charge.  The  House  interpreted  this  letter  into  a  refusal  to 
appear  before  it,  and  proceeded  to  act  upon  a  resolution,  which 
had  been  laid  upon  the  table  previous  to  the  response  of  the 
judges,  reciting  the  illegality  and  prejudicial  character  of  the 
decision;  it  alleged,  that  "the  opinion  and  decree  are  subversive 
of  the  plainest  principles  of  law  and  justice,  and  involve  in  their 
consequences,  the  distress  and  ruin  of  many  of  our  innocent 
and  meritorious  citizens."  The  resolution  then  goes  on  to  allege 
that  the  judges  "must  have  done  so,  either  from  undue  influ- 
ence or  want  of  judgment;  as  said  decree  and  opinion  con- 
travene the  decisions  of  the  court  of  commissioners,  who  were 
authorised  to  adjust  and  settle  under  the  said  recited  act, 
(meaning  the  Virginia  land  act  of  1779,)  and  also  contradict 
a  former  decision  of  the  late  Supreme  court  for  the  district 

of  Kentucky,  on  a  similar  point — whence  arises  a  well  ground- 

Y 


254  HISTORY  OP  KENTUCKY.' 

ed  apprehension  that  the  said  George  Muter,  and  Benjamin 
Sebastian  are  altogether  destitute  of  that  judgment,  integrity, 
and  firmness,  which  are  essential  in  every  judge;  but  more 
especially  in  judges  of  the  Supreme  court;  and  that  there  is 
no  security  for  property  so  long  as  the  said  George  Muter 
and  Benjamin  Sebastian  continue  as  judges  of  the  court  of 
Appeals."  The  House,  then,  in  consequence  of  these  recitals, 
and  their  power  to  address  the  Governor  to  remove  any  judge 
for  any  reasonable  cause,  which  should  not  be  sufFxient  ground 
for  impeachment,  determined,  by  a  majority  of  three  votes, 
that  this  address  ought  to  be  made.  The  subject,  however, 
was  resumed  in  the  Senate,  and  a  resolution,  censuring  the 
judges  for  a  decision,  which  the  resolution  asserted,  '^from  what 
appears  at  this  time,  proceeded  from  a  want  of  a  proper  know- 
ledge of  law,  or  some  impure  motives,  that  appear  to  discover 
a  want  of  integrity,"  passed  by  a  majority  of  one  vote.  This 
■was  most  unconstitutionally  transmitted  to  the  other  House  for 
its  action,  when  the  question  had  fallen  from  a  want  of  the 
constitutional  majority  of  two-thirds.  It  passed  by  the  same 
majority,  as  the  first  resolution  introduced  on  this  subject  into 
the  House. 

This  is,  it  is  believed,  the  earliest  dispute  between  the 
Legislative  and  Judicial  departments  of  the  state  govern- 
ment; which  at  a  more  recent  period  appeared  to  threaten 
the  commonwealth,  with  anarchy  and  confusion.  Nor  ought 
the  occasion  to  pass  without  remarking,  that,  however  cor- 
rect the  legal  principles  contended  for  by  the  Legislature 
may  be,  and  indeed  they  appear  to  be  very  manifest;  still 
there  is  a  system  of  official  intimidation,  and  overawing, 
evidenced  by  the  legislative  proceedings,  after  constitutional 
majorities  could  not  be  obtained,  which  is  utterly  incon- 
sistent with  the  constitutional  rights  of  the  Judiciary,  and 
which,  in  a  ])opular  excitable  government  like  ours,  is 
calculated  to  overthrow  all  the  barriers  against  tyranny  and 
unlawful  violence,  at  the  feet  of  the  legislature.  The  hold 
which  the  members  of  this  body  so  jqstly  possess,  on  the 
affections  of  their  neighbors  and  friends,  with  whose  bosoms 


HISTORY   OF   KENTUCKTi.  255 

they  are  in  such  constant  and  familiar  intercourse;  should 
at  the  same  time  subject  its  steps  to  the  vigilant  scrutiny 
of  the  community;  that  they  do  not  pervert  the  public 
confidence  to  the  purposes  of  individual  passions,  at  the 
expense  of  the  public  liberties  on  interests.  The  judges  are 
said  to  have  published  "a  clamorous  appeal  to  the  peo- 
ple in  a  pamphlet  of  thirty  pages,"  which  the  author  has 
not  been  able  to  procure.  The  remark  proceeds  from  a 
writer,  who,  with  his  acknowledged  abilities,  bears  his  re- 
sentments too  keenly,  to  always  see  the  injustice  he  com- 
mits against  his  enemies.  The  overweening  influence, 
which  Colonel  George  Nicholas  is  alledged  to  have  posses- 
sed over  the  court,  excited  great  jealousy  in  the  public 
mind;  nor  was  this  suspicion  lessened,  by  his  being  counsel 
for  McConnel,   in   this   agitated   case. 

At  the  subsequent  term,  judge  Muter  joined  judge  Wal- 
lace, in  an  opinion  favorable  to  Kenton;  and  a  decree 
directly  the  reverse  of  the  former  one,  was  made  by  the 
court;  Sebastian  adhering  to  his  former  sentiments.  Thus 
terminated  the  first  controversy  between  the  court  of  Ap- 
peals and  the  legislature  of  Kentucky,  in  the  triumph  of 
the  latter,  though  it  is  firmly  believed,  in  a  righteous 
cause.  Not  that  any  doubt  exists  as  to  the  constitutional 
power  of  the  legislature  to  address  the  executive  for  the 
removal  of  a  judge  for  gross  misconception  of  his  duties, 
in  the  misunderstanding,  or  misapplication  of  the  laws;  for 
this  incapacity  is  one  of  those  very  "reasonable  causes," 
which  is  presupposed  by  the  constitution  in  giving  a  legis- 
lative control  in  addition  to  the  power  of  impeachment 
This  latter  check  is  presumed  to  be  intended  to  meet  the 
moral  delinquency  of  its  objects,  and  not  the  involuntary, 
though   mischievous   exertions   of  their   powers. 

At  this  session  an  act  was  passed  disqualifying  sherifis 
and  their  deputies  from  sitting  in  either  branch  of  the  leg- 
islature, until  one  year  after  they  shall  have  made  their 
collections  of  the  public  revenue,  paid  them  into  the  public 
treasury,  and    obtained    a    quietus    from   the  auditor.     The 


256  HISTORY   OP  KENTrCKV. 

constitutionality  of  this  law  creating  qualifications  for  mem- 
bers of  the  legislature,  in  addition  to  those  enact«>  by  the 
constitution,  may  well  be  doubted;  the  same  objection  can- 
not be  made  to  the  disqualification  of  Quarter  Session  Jus- 
tices, which  likeAvise  took  place  at  the  same  session.  This 
was  effected  by  vacating  the  seats  of  twelve  persons,  who 
had  been  elected  to  the  House  of  Representatives.  At 
this  session  was  communicated  by  the  Governor,  the  cor- 
respondence which  he  had  held  with  Colonel  James  Innes, 
the  special  messenger  employed  by  the  President  of  the 
United  States,  on  the  interesting  subject  of  the  negotiations 
with  Spain  respecting  the  navigation  of  the  Mississippi. 
"This  corespondence  had  taken  place  during  the  preceding 
Januar}',  soon  after  the  adjournment  of  the  body  for  which 
it  was  intended."  It  is  to  be  regreted  that  Governor 
Shelby  should  not  have  felt  himself  at  liberty,  to  have 
laid  these  communications  before  the  public,  in  order  to 
tranquilize  their  apprehensions  and  suspicions.  The  move- 
ments of  Colonel  Innes  upon  a  mission  of  so  much  im- 
portance to  the  public  peace,  and  which  involved  the 
anxious  feelings  of  the  western  country  to  so  intense  a 
degree,  seem  utterly  unexplicable  at  this  day.  *The  Sen- 
ate of  the  United  States,  after  resolving  that  "on  the  nego- 
tiation now  carrying  on  at  Madrid,  between  the  United 
States  and  Spain,  the  right  of  the  former  to  the  free  navi- 
gation of  the  Mississippi  is  well  asserted  and  demonstrated, 
and  their  claim  to  its  enjoyment  is  pursued  with  all  the 
assiduity  and  firmness,  which  the  nature  of  the  subject 
demands,"  had  requested  "that  the  President  of  the  United 
States,  would  communicate  to  the  Excutivc  of  Kentucky,  such 
part  of  the  existing  negotiation  between  the  United  States 
and  Spain,  relative  to  this  subject  as  he  may  deem  advi- 
sable, and  consistent  with  the  course  of  the  negotiation." 
A  similar  vote  of  approbation  passed  the  House  of  Repre- 
sentatives. General  Washington  had,  however,  two  months 
before   the   request  of  the   Senate  communicated  the  course 

«Maraball'8  Washington,  2d  vol.  333, 2d  edition. 


HISTORY   OF   KEXTUCKY.  257 

of  the  government  on  this  exciting  matter.  When  such 
abundant  evidence  is  found  in  the  proceedings  of  the  gov- 
ernment, to  shew  the  anxiety  and  exertions  of  the  Wash- 
ington administration,  to  promote  and  secure  the  western 
interests;  it  is  painful  to  reflect  on  the  little  credit  it  re- 
ceived in  the  public  mind  of  Kentucky,  for  this  enlarged 
and  parental  policy.  It  is  to  be  apprehended,  that  there 
had  been  too  much  familiarity  with  the  idea  of  righting 
themselves  without  the  aid,  if  not  in  defiance  of  their  own 
government;  to  have  allowed  a  fair  construction  to  be  placed 
upon  the  measures  of  the  general  government.  Indeed  it 
is  not  to  be  concealed,  that  Kentucky  was  a  violent  anti- 
federal  State  from  the  first  proposition  of  the  glorious  system 
of  government,  which  has  advanced  this  country  to  such  heights 
of  happiness  and  renown.  She  had  in  the  excess  of  her 
democratic  prejudices,  refused  her  sanction  to  the  new  frame 
of  government,  and  she  was  identified  with  the  opposition 
to  all  the  leading  measures  of  the  Washington  administration. 
The  election  of  Humphrey  Marshall,  and  his  votes  were,  it 
is  believed,  the  only  exceptions  to  this  temper;  and  now 
instructions  were  brought  forward,  to  direct  him  distinctly 
from  his  colleague,  in  his  vote  upon  the  British  treaty, 
which  had  received  the  advice  and  consent  of  the  Senate, 
to  a  conditional  notification  during  the  preceding  summer. 
Subsequently,  however,  the  individual  instructions  to  Senator 
Marshall,  were  amended  by  inserting  the  words  Senators,  in 
conformity  to  all  propriety  and  o/ficial  decorum.  The  treaty, 
however,  did  not  again  come  before  the  Senate  of  the  Uni- 
ted States,  owing  to  the  ready  acceptance  of  the  exception 
pr(^osed  by  the  American  government. 

Y2 


258  HISTORY   OF   KENTUCKY. 


CHAPTER  XV. 

Land  Laws  of  Kentucky — Dissatisfaction  vvith  the  Constitution  of  1792 — Gov.  Garrard — 
John  Adams,  Presidem  of  the  United  States— Occupying  claimant  law  and  controversy 
— Seven  years'  limitation  law. 

Another  branch  of  perplexing  legislation  presented  itself  this 
session  in  the  vacant  lands  of  the  commonwealth  southwest  of 
Green  river,  that  were  ordered  to  be  sold  on  a  credit  which 
created  a  debt  from  her  citizens,  embarrassing  to  the  govern- 
ment  of  Kentucky  as  long  as  it  existed.     The  first  act  secured 
to  each  housekeeper  a  pre-emptive  right  to  purchase  his  land 
at  thirty  dollars  per  hundred  acres ;  the  fee  simple  to  be  with- 
held until  the  money  was  paid.     These  easy  and  tempting  terms 
rapidly  attracted  a  numerous  population  from  other  parts  of  the 
state  to  this  section  of  it,  where  lands  were  to  be  had  at  thirty 
cents  per  acre.     These  are  declared  to  have  been  worth  from 
two  to  four   dollars   for  that  quantity.     Such  tampering  with 
public  property,  contrary  to  all  mercantile  principles  of  supply 
and  demand,  and  laying  aside   all    the  wholesome  control  of 
commercial  competition,  necessarily  gave  rise  to  great  land 
speculations,  and  the  arts  and  impositions  which  invariably  fol- 
low in  the  train  of  all  such  excitements  to  the  cupidity  of  the 
community.     Still,  as  if  these  terms  were  not  favorable  enough, 
in  the  year  1797,  another  uct  passed,  allowing  from  one  to  two 
hundred  acres  to  all  who  should  settle  in  this  section  of  the  state 
before  the  1st  of  July,  1798,  reside  one  year  and  tend  two  acres 
of  corn  within  a  fence.     The  prices  were  raised  from  thirty 
dollars  to  sixty  per  hundred  acres  of  first  ^ate  land,  and  forty 
dollars  per  hundred  acres  of  second  rate  land.     But  now  no  first 
rate  lands  were  to  be  found  for  the  benefit  of  the  commonwealth, 
however  abundantly  they  might  reward  private  settlers.  The  land 
was  to  be  forfeited,  if  it  was  not  paid  for  within  a  year  from  the 
date  of  the  commissioners'  certificate;  but  how  could  this  for- 
feiture be  exacted  by  the  commonwealth  against  a  large  and 
valuable  body  of  her  citizens?    The  very  idea  is  absurd  under 


HISTORY   OF    KENTUCKY.  259 

a  popular  government,  and  it  may  well  be  doubted,  whether  the 
commonwealth  deserved  to  collect  debts,  which  she  had  by  her 
imprudent  and  improvident  legislation  tempted  her  people  to 
contract  without  any  regard  to  their  means  of  discharging  them. 
If  it  were  good  policy  to  force  the  population  of  the  common- 
wealth beyond  the  natural  or  efficient  demands  of  her  citizens; 
that  is,  before  their  ability  to  pay  what,  on  free  competition, 
should  have  proved  a  fair  equivalent  for  the  public  domain; 
better,  ten  thousand  times  better  would  it  have  been,  to  have 
given  the  lands  gratuitously  to  actual  settlers,  than  to  have 
tempted  the  creation  of  a  body  of  debtors  to  the  state,  possessing 
a  large  section  of  the  commonwealth,  and  necessarily  thrown 
into  conflict  with  the  interests  of  its  powerful  but  unwieldly 
creditor.     But  in  truth,  there  is  no  doubt  that  the  domain  of  the 
State  in  the  section  under  notice,  has  been  most  improvidently 
wasted.     Sound  communities  are  not  to  be  created  by  such 
forced  bounties  and  legislative  whims,  in  defiance  of  the  natural 
laws  of  society,  prior  and  paramount  to  the  laws  of  men.     Be- 
cause a  legislative  body  finds  itself  in  possession  of  a  great 
treasure  which  they  are  bound  to  administer  for  the  benefit  of 
society,  is  it  fair  and  just  that  they  should  give  it  away  on  the 
slightest  conditions  to  those  who  might  want  it?     Such  a  scheme 
may,  at  a  superficial  glance,  appear  to  be  recommended  by  a 
noble  benevolence  and  humanity,  but  on  a  closer  examination 
it  will  be  found  only  deceptive.     Could  such  a  distribution  of 
lands  return  like  the  Jewish  jubilees  every  fifty  years,  it  would 
brine  along  with  it  the  same  periodical  derangement  of  the 
ordinary  prices  of  regular  industry,of  land  and  of  wages,  injuring 
the  people  by  an  improvement  of  the  condition  of  one  portion,  at 
the  expense  of  another.     To  be  sensible  that  these  ideas  are 
neither  strained  nor  extravagant,  let  the  effect  of  these  almost 
gratuitous  distributions  of  land  be  calculated,  upon  its  value  in 
the  older  settlements  of  the  state;  just  as  much  as  the  price  was 
artificially  depressed  in  the   southwest,   it   must   have    been 
lowered  in  the  northeast;  and  what  was  added  in  one  section  of 
the  commonwealth,  was  nearly  subtracted  in  another  by  the 
arbitrary  glutting  of  the  land  market,  without  any  regard  to  the 


260  HISTORY   OF   KENTUCKY. 

principles  of  buying  and  selling,  which  govern  private  property. 
Tiiese  should,  for  the  public  good,  have  governed  the  manage- 
ment of  the  valuable  domain,  now  almost  entirely  alienated 
from  the  state.  The  act  of,  this  year  began  the  career  of  an- 
nual indulgence  or  relief,  which  was  trod  through  all  the  mazes 
of  legislative  quackery;*  in  January,  1798,  an  act  of  indulgence, 
or  in  other  words,  the  Green  river  bill  passed;  in  November 
session,  1798,  the  whole  debt  was  divided  into  four  equal  annual 
installments  at  lawful  interest,  except  the  debts  of  those  who 
claimed  under  the  first  act  on  this  subject,  which  were  required 
to  be  paid  in  six  months.  This  act  was  amended  in  1799,  and 
in  eleven  days  afterwards  it  received  a  supplementary  act:  in 
1800  another  act  of  indulgence  passed,  and  nine  days  after  was 
amended.  By  a  third  act  of  this  session,  nine  years  were  given 
to  the  purchasers  of  the  public  lands,  and  the  interest  was  re- 
duced to  five  per  cent.;  in  addition  to  this,  every  person  over 
eighteen  years  of  age,  might  acquire  a  right  to  four  hundred 
acres,  at  twenty  dollars  per  hundred  acres,  to  include  his  settle- 
ment, which  was  to  be  made  before  his  claim  could  be  allowed. 
The  county  courts  were  then  vested  with  the  power  of  granting 
the  claims,  instead  of  the  more  cumbrous  and  less  expeditious 
commissioners.  The  responsibihty  was  now  less  than  ever; 
fictitious  purchasers  were  as  acceptable  as  real,  and  the  com- 
monwealth was  again  all  agog  with  land  jobbing.  Now  acts  of 
relief  were  prayed  against  the  mistakes  of  the  county  courts;  till 
after  the  usual  annual  protractions  of  the  land  debt,  its  payment 
was,  in  1806,  divided  into  twelve  annual  instalments  of  principal 
and  interest;  the  first  instalment  to  be  paid  on  or  before  the  1st 
of  Dcccmbor,  1806.  Nor  ought  the  commonwealth  to  be  un- 
grateful that  any  time  was  appointed  for  the  payment  of  this  old 
unoonsciona!)le  debt  of  a  great  land  holdci-,  against  its  poor  pri- 
vate purchasers.  Indeed  it  would  seem  matter  of  public  admi- 
ration and  gratitude,  that  the  debtors  of  the  commonwealth  con- 
descended to  promise  either  principal  or  interest,  on  this  side  of 
eternity. 

This  strain  of  remark  is  certainly  indulged  in  no  unfriendly 

*  See  MareJiall  2—178,  for  a  full  analysU  of  this  system. 


HISTORY  OF   KENTUCKY.  261 

feeling  to  the  southwestern  section  of  the  state,  now  so  honor- 
able and  flourishing  a  portion  of  t!ie  commonwealth;  but  solely 
with  a  faint  hope  of  exposing  the  mischievous  and  corrupting 
tendency  of  legislation,  when  it  transcends  the  boundaries  of 
experience,  and  the  eternal  principles  of  polilical  justice.  The 
injury  to  the  government,  though  gross  in  the  waste  of  its  treas- 
ures, was  inconsiderable,"  when  compared  to  the  corruption  of 
public  morals  and  the  derangement  of  regular,  efficient  industry, 
by  these  land  bounties  and  distributions.  Tiiey  kindled  the  same 
deleterious  speculative,  spirit,  which  the  rise  of  stocks  or  any 
other  powerful  temptations  to  the  avaricious  passions  of  society, 
have  ever  occasioned.  They  would  produce  the  same  effects 
in  any  community,  that  they  did  in  Kentucky,  with  thase  who 
rushed  from  other  states  to  enjoy  her  misjudged  wastefulness. 
Had  this  great  landed  estate  been  sold  out  upon  any  reasonable 
conformity  to  current  value,  tested  as  in  the  sales  of  the 
United  States'  lands,  by  public  competition,  the  disposition 
would  have  been  uncensurable.  True  it  is,  large  accessions 
were  made  to  the  productive  population  of  one  portion  of  the 
statej  and  as  large  transfers  from  other  parts  of  the  common- 
wealth; but  this  increase  might  have  been  effected  more  soundly 
and  more  productively  to  the  state,  by  less  hurried  and  hot-bed 
measures.  In  this  last  arrangement,  Mr.  John  Pope  lent  the 
efficient  aid  of  his  excellent  mind,  in  these  healing  measures, 
which  immediately  procured  something  like  |)200,000  from  the 
small  purchasers;  and  in  a  few  years  the  payments  amounted 
to  $700,000.  Thus  has  been  terminated  a  mischievous  floating 
interest,  ready  to  be  attached  to  any  project  which  could  enlist 
friends  sufficient  to  effect  its  own  favourite  and  paramount  policy 
of  relief;  and  the  counsels  of  the  commonwealth  were  relieved 
from  the  odious  incubus  of  a  debtor  interest,  too  great  to  be 
controled;  and  yet  not  large  enough  to  maintain  an  indepen- 
dent footing.  During  this  session  discontent  began  to  show 
itself  with  the  constitution  of  Kentucky;  in  consequence  of 
which  a  bill  was  brought  into  the  legislature  for  taking  the  sense 
of  the  people  on  the  question  of  calling  a  convention  to  revise 
the  constitution.     The  immediate  occasion  of  this  dissatisfaction 


262  HISTORY  OP  KENTUCKY. 

had  arisen  out  of  the  rejection  by  the  Senate  of  a  bill  respecting 
occupying  claimants  of  land,  which  had  passed  the  House  of 
Representatives  at  the  preceding  session.  This  measure  had 
attracted  the  public  affections,  which  were  now  manifested  by 
petitions  from  several  parts  of  the  State  in  its  favor.  The  aris- 
tocratic character  of  the  senatorial  organization  and  the  re- 
moteness of  their  choice  from  the  people,  their  appointment  of 
the  electors  themselves,  as  members  of  the  Senate,  and  the  fil- 
ling of  their  own  vacancies,  were  exciting  public  dislike. 

A  remarkable  bill  passed  the  Senate  for  selling  the  public 
lands,  south  of  Green  river,  to  Elisha  J.  Hall  and  company, 
for  two  hundred  and  fifty  thousand  dollars,  to  be  paid  in  short 
instalments^  it  was,  however,  rejected  in  the  House  of  Repre- 
sentatives, by  a  vote  of  nineteen  to  thirteen,  to  the  great 
emolument  of  the  commonwealth,  in  a  pecuniary  point  of 
view. 

At  this  session,  the  Auditor,  Treasurer,  and  Secretary  of 
State  were  required  to  live  at  the  seat  of  government.  An 
addition  to  their  salaries,  raising  them  to  $600  each,  and 
also  one  of  $333i  to  the  Governor,  making  his  salary  $1333*, 
were  made  this  session.  The  pay  of  the  members  of  assembly 
was  also  raised  from  one  dollar  to  one  dollar  and  a  half  a  day. 
This  may  be  viewed  as  pretty  conclusive  proof  of  the  general 
rise  of  prices  in  the  country;  and  as  no  artificial  substitutes 
for  money  then  existed  in  this  part  of  the  country,  it  must 
be  attributed  to  the  depreciation  of  money  in  the  general 
markets  of  the  United  States;  and  the  consequent  apprecia- 
tion of  all  the  articles  of  living.  In  the  ensuing  May,  1796, 
a  general  election  was  held  for  electors  of  Governor,  and  Se- 
nate, as  well  as  for  members  of  the  House  of  Representatives. 
At  this  election,  James  Garrard  and  Benjamin  Logan  were 
considered  as  candidates;  the  former  of  whom  was  chosen 
as  successor  to  Isaac  Shelby.  By  this  gentleman  Harry  Toul- 
min  was  appointed  Secretary.  There  is  something  liberal 
and  honorable  in  a  gentleman,  who  had  been  a  follower  of 
Dr.  J.  Priestly,  in  England,  and  a  minister  of  the  Unitarian 
sect  of  Christians,  becoming  Secretary  of  State  in  Kentucky, 


HISTOBY   OF   KENTUCKY.  263 

without  public  resentment.  The  same  gentleman  was  afterwards 
appointed  a  United  States'  Judge  in  the  territory  of  Alabama. 
So  dignified  an  appointment  of  a  foreign  gentleman,  either 
implies  no  little  indiflerence,  or  great  liberality  of  principle 
in  the  public  feelings  of  the  western  country.  No  gentleman 
could  more  richly  have  deserved  the  latter,  than  the  one 
in  question.  He  was  the  author  of  a  respectable  digest 
of  the  laws  of  Kentucky,  strongly  marked  by  a  discriminating 
and  cultivated  mind. 

The  opening  speech  of  the  new  Governor,  at  the  November 
session,  "congratulated  the  State  upon  the  condition  of  peace, 
procured  by  the  directions  and  exertions  of  the  federal  gov- 
ernment, as  the  instrument  of  a  wise  and  gracious  Provi- 
dence. Add  to  this,  the  increase  of  population;  the  exten- 
sion of  the  settlements  to  the  extremities  of  our  territories; 
the  flourishing  state  of  agriculture;  the  increase  of  improve-' 
ments;  the  establishment  of  manufactures;  a  year  of  the 
greatest  plenty,  in  succession  to  one  of  the  greatest  scarcity, 
with  the  hopeful  prospects  opening  to  agricultural  industry 
and  commercial  enterprise,  by  means  of  the  late  treaty  with 
Spain,  which  has  opened  the  navigation  of  the  Mississippi, 
and  a  port  at  Orleans  for  us;  objects  long  and  ardently  de- 
sired." 

In  addition  to  these  views,  so  cordial  and  honorable  to  the 
federal  government,  and  by  no  means  common  in  the  public 
proceedings  of  Kentucky;  the  Governor  invited  the  atten- 
tion of  the  legislature  to  the  amelioration  of  the  criminal 
code,  the  state  of  the  revenue  laws.  The  Green  river  set- 
tlers are  said  to  have  paid  ^13,333i  into  the  public  treasury, 
and  that  the  Auditor's  statements  exhibited  a  balance  of  more 
than  $'36,666S  in  favor  of  the  public.  Six  new  counties  were 
created  this  session;  and  considerable  and  laborious  attempts 
at  simplifying  and  digesting  the  laws  by  new  statutory  enact- 
ments. During  this  session  was  passed,  "an  act  establishing 
the  court  of  Appeals;"  This,  although  approved  by  the  Gov- 
ettior,  and  which,  according  to  the  precedents  established  in 
repealing  the  County  Court  and  Quarter  Session  system,  and 


264  nisTOHY  OP  kenttcky. 

choosing  new  officers,  ought  to  have  led  to  a  new  appointment 
of  judges  in  the  Supreme  Court.  Nothing  was,  however,  done 
under  the  law,  in  regard  to  the  commissions  or  offices  of  the 
judges.  Whether  the  attempt  to  commission  new  judges  of 
this  high  court,  would  have  been  likely  to  have  kindled  the 
fierce  blaze,  which  a  similar  measure  has  so  awfully  done,  in 
more  recent  times;  the  author  is  not  sufficiently  acquainted 
with  the  temper  and  spirit  of  the  times  to  express  an  opinion. 

He  cannot  bring  his  own  mind  to  discriminate  between  the 
duration  of  the  officers  or  the  tenure  of  the  judges,  in  any 
of  the  courts;  they  all  hold  alike  by  the  tenure  of  good  be- 
havior; they  are  all  personally  appointed  by  the  intervention 
of  a  statute,  which  must  prescribe  their  number,  fix  their  cona- 
pensHtion,  attacii  the  requisite  officers,  and  in  fine,  equal- 
ly give  all  the  courts  efficiency  and  life.  Where  then  is 
the  ground  of  discrimination  in  the  constituticn?  How  is  one 
court  more  created  by  the  constitution  than  another?  If  there 
cannot,  in  the  nature  of  things,  be  more  than  one  Supreme 
Court,  still  the  constitutional  mandate  does  not  fix  the  num- 
ber of  the  court,  and  does  not  bring  the  court  into  exist- 
ence, without  the  same  legislative  operation  in  regard  to  the 
highest  as  well  as  the  lowest  court  in  the  commonwealth. 
If  ihen  the  judges  of  the  former  would  not  constitutionally 
follow  the  fate  of  their  offices,  neither  did  the  County  Court 
magistrates,  the  judges  of  Oyer  and  Terminer,  the  district 
judges,  nor  the  circuit  judges.  The  constitutional  mantle 
covers  all  with  the  same  privilege  of  continuance  in  office; 
it  privileges  all,  or  none. 

The  expediency  of  this  legislative  interference,  particularly 
with  the  Supreme  Court,  the  author  is  free  to  abandon,  as 
utterly  indefensible,  consistent  with  impartial  and  unsuspected 
justice,  which  forms  a  palladium  against  oppression  of  all 
sorts,  checked  by  the  spirit  of  a  free  legislature,  and  that  of 
a  moral  and  cultivated  people. 

In  order  to  connect  the  affairs  of  Kentucky  with  the  general 
government  of  the  Union,  it  is  necessary  to  remark,  that,  on 
General  Washington's  declining  a  third  canvass  for  the  Pre*- 


HISTORY   or  KENTUCKY.  265 

idency,  in  his  affectionate  valedictory  to  his  countrymen, 
charged  with  the  orofoundest  and  most  affectionate  wisdom, 
the  public  mind  principally  fluctuated  between  John  Adams, 
the  Vice  President,  and  Thomas  Jefferson,  the  late  Secretary 
of  State;  both  able  and  distinguished  patriotic  statesmen  of  the 
revolution.  On  counting  the  electoral  votes,  it  was  found,  that 
a  majority  of  three  votes  was  in  favor  of  John  Adams,  as 
President  of  the  United  States,  for  four  years  from  the  fourth 
of  March,  1797 ;  and  the  next  greatest  number  of  votes  being 
in  favor  of  Thomas  Jefferson,  he  become,  under  the  oritrinal 
constitution.  Vice  President  of  the  United  States. 

Embalmed  as  these  great  statesmen  now  are,  in  the  affec- 
tionate regards  of  their  admiring  countrymen,  they  were  look- 
ed upon  at  the  times  which  are  describing,  as  the  respective 
chiefs  of  the  two  violent  parties  into  which  the  people  of  the 
United  States  were  so  intemperately  and  iDiberalh*  divided; 
and  which  were  known  at  the  time  as  the  Federalists  and 
Democrats  or  Republicans.  The  former  appellation  had  ori- 
ginated in  the  support  of  the  federal  union  of  the  States; 
which  was  most  soundly  believed  to  require  the  additional 
energies  contained  in  the  new  constitution  of  1789.  The 
name  had,  hoAvever,  by  a  natural  transition,  been  applied  to 
the  friends  of  the  measures  adopted  to  put  the  new  system  into 
efficient  operation.  The  titles  of  their  antagonists  had  been 
changed  from  the  former  term  of  anti-federalists,  which  had 
ceased  to  be  descriptive  of  the  measures  or  the  wishes  of  the 
party;  it  now  denoted  the  opponents  of  the  elder  Adams.  It 
is,  however,  due  to  the  character  of  our  countrymen,  as  after- 
wards eloquently  expressed  by  Mr.  Jefferson,  to  say,  they 
were  all  federalists,  they  were  all  republicans,  that  is,  in 
the  general  sense  of  the  terras,  independent  of  their  tempo- 
rary and  party  meaning.  The  great  overwhelming  mass 
the  nation  were  equally  friends  to  the  union  of  the  States, 
and  to  the  popular,  or  democratic  character  of  the  government, 
so  far  as  the  term  can  properly  be  applied  to  our  representative 
democracy.     The  denomination  of  republican,  then,  it  must 

never  be  forgotten,  was  equally  applicable  to  both  the  great 

Z 


266  HISTORY   OF   KENTUCKY. 

parties  of  the  times,  however  they  might  differ  in  degree,  and 
in  tlie  details  of  administering  so  popular  a  government,  as  that 
of  the  United  States,  under  its  worst  possible  operation. 

It  was  during  this  session,  that  a  measure  was  successfully 
revived,  which  had  annually  passed  the  House  of  Representa- 
tives since  1794,  and  which  had  as  invariably  been  negatived 
in  the  Senate :  it  was  an  "act  concerning  occupying  claimants 
of  land."  No  branch  of  our  legislation,  or  of  our  judicial 
administration  is  more  complicated  or  more  intimately  con- 
nected with  the  dearest  interests  of  the  commonwealth,  than 
that  concerning  occupying  claimants  of  land.  It  concerns  the 
deepest  feelings  of  the  human  heart,  for  the  freehold,  cultivated 
and  adorned  as  the  last  resting  place  of  the  laborer,  and  as  the 
reward  of  some  affectionate  partner,  or  beloved  offspring  of  that 
connection,  when  the  cares  of  this  life  are  no  more.  To  these 
ties  which  fasten  so  firmly  to  the  human  heart,  and  which  bind 
every  people  to  the  soil  on  which  they  live,  and  from  whose  bo- 
som they  derive  their  daily  support,  there  were  peculiar  sources 
of  endearment  in  the  case  of  the  people  of  Kentucky.  They 
had  risked  their  lives  in  the  wilderness;  they  had  lived  in  the 
constant  apprehension  of  the  rifle  or  tomahawk  of  the  Indian ; 
they  had  lived  without  bread  and  without  salt,  much  less  the 
innumerable  comforts  of  civilized  life;  they  had,  many  of  them, 
lost  the  dearest  friends  of  their  life  in  the  gallant  struggle 
which  they  had  maintained  with  the  aborigines;  all  this  they 
had  suffered  to  obtain  landed  property;  and  now,  when  amidst 
a  cloud  of  legal  perplexities,  ne^v  even  to  the  subtle  priesthood 
of  the  law,  they  were  about  to  lose  the  fruit  of  their  perils  and 
their  labors,  could  any  people  avoid  feeling  this  painful  condition 
to  the  very  bottom  of  their  hearts?  Such  were  the  feelings  of 
the  people  of  Kentucky,  when  they  found  the  elder  patents 
of  Virginia  claimants,  brought  against  the  actual  settlers,  and 
improvers  under  a  junior  patent. 

The  author  is  not  unaware,  that  he  is  entering  into  a 
subject,  which  has  divided  the  highest  tribunals  of  the  law; 
and  even  the  bar  of  Kentucky,  so  justly  celebrated  for  its 
acumen  on  this  novel  subject  of  adjudication,  under  all  the 


UISTOKY    or    KENTUCKY. 


267 


peculiarities  of  the  land  law  of  Virginia.  Nor  can  the  rea- 
der be  more  admirably  introduced  to  this  complex  portion 
of  our  legal  history,  than  by  the  following  delineation  drawn 
by  the  hand  of  a  master  in  the  petition  submitted  to  the 
Supreme  Court  of  the  United  States,  for  a  review  of  the 
case   of  Green   vs.   Biddle.* 

What,  then,  is  in  popular  language  the  nature  of  the  dis- 
pute  between   the  occupying,   and   non-occupying    claimants 
of  lands  in  Kentucky?     This  question  can  only  be  answered, 
by   enterino-   into   the  nature  of  our  land  titles,  or  interests 
more  properly  speaking,  before  they  were  consummated  into 
titles,  or  complete  rights   in  fee  simple.     "By  the  land  law 
of  Virginia,  passed   in    1779,  for   the  settlement  and  sale  of 
the   unappropriated   lands   of  the  commonwealth,  any  person 
holding   a   warrant   for   any   quantity   of   land    belonging   to 
the  commonwealth,  might  enter  in  the  surveyors'  books,  the 
boundaries   of  such   lands  as  he  wanted  to  acquire  previoxis 
to  any  survey:  but  he  was  required  "to  direct  the  location 
thereof   so   specially   and  lyrecisely,  as   that   others   may   be 
enabled   with   certainty   to   locate   warrants   on   the   adjacent 
residuum."     In   addition   to   this   description   of  claim,    origi- 
nating  in   the   commonwealth's  warrant,  was  another  impor- 
tant class   of  persons,   who   claimed  rights   of  settlement  or 
pre-emption,  as  described  under  the  history  of  the  land  law 
in   its   appropriate   year.     Tiiese  claimants  were  required  to 
obtain  certificates  from  the  commissioners  appointed  for  that 
purpose,   as   has  been   mentioned,   naming   the   cause  of  the 
claim,    the    number   of   acres,    and   "describing   as  near   as 
may   be   the   particular  location.""     Under   these   brief   texts, 
has    arisen    a    system  of  judicial    legislation,    fraught    with 
subtlety    and    perplexity;    aggravated    by    the    licence    and 
multiplicity  of  surveys  by  which  the  territory  of  Kentucky, 
in   the   emphatic   language  of  judge   Rowan's   petition  to  the 
Supreme   court  was   "encumbered  and  cursed  with    a    triple 
layer  of  adversary  claims."     Under  this  inheritance  of  liti- 
gation and  uncertainty,  was  the  land  to  lie  idle   because  no 

*  Judge  Rowan  concurred  in  by  Mr.  Clay.    8  vol.  Wlieaton's  Reports. 


268  HISTORY   OF   KENTUCKr. 

man  could  ascertain  his  precise  legal  right,  unless  issued  by 
the  land  commissioners?  Should  the  blood  v/hich  had  been  so 
gallantly  spilled,  the  heroic  effort  which  had  been  so  nobly 
made,  be  all  in  vain,  because  the  land  was  vexed  with  an 
uncertainty  of  titles?  After  expelUng  the  Indians,  the  for- 
ests had  to  be  felled,  the  wilderness  was  to  be  tamed  and 
subdued  under  the  hand  of  civilized  man.  But  who  could 
in  safety  exert  this  labor;  who  would  risk  the  prime  of  his 
life  in  cultivating  and  improving  the  soil,  if  notwithstanding 
the  solemn  deed  of  the  government  in  his  hands,  the  patent 
of  the  State,  he  was  liable  to  be  turned  off  the  land,  the 
State  had  covenanted  to  be  his;  and  deprived  of  all  the 
fruit  of  his  cares  and  his  toil?  It  would  have  been  equiv- 
olent  to  a  sentence  of  perpetual  waste,  or  of  subordinate 
tenacy  on  the  lands  of  Kentucky.  Can  it  reasonably  "be 
supposed"  in  the  breathing  language  of  the  petition  quo- 
ted above,  "that  the  people  of  that  district,  after  winning 
the  country  by  conquest,  under  circumstances  of  privations, 
hardships  and  gloom,  of  which  a  true  narrative  would,  on 
account  of  their  peculiarity,  seem  more  like  romance,  than 
history — a  gloom,  not  indeed  uninterrupted;  but  Avhen  inter- 
rupted, brightened  only  by  the  gleams  of  their  own  chi- 
valric  daring  and  valorous  achievment,  that  such  a  people 
would  consent  to  clear  up  the  grounds,  erect  houses,  build 
barns,  plant  orchards,  and  make  meadows  for  the  sole  con- 
venience of  those,  who  had  latent  rights,  and  who  during 
the  war,  and  while  the  improvements  were  making,  had 
remained   as   latent  as   their   rights?" 

To  avoid  these  mischievous  consequences  the  legislature 
of  Kentucky  early  perceived  the  necessity  of  interposing  its 
guardian  authority  between  the  honest  bona  fide  occupant 
of  the  land,  by  virtue  of  a  younger  patent,  and  the  non- 
occupying  patentee  of  elder  date.  This  was  done  by  a  bill 
introduced  this  session  by  Mr.  Humphrey  Marshall,  provi- 
ding* "that  the  occupant  of  land  from  which  he  is  evicted, 
or  deprived  by  better  title,  shall  be  excused  from  the  pay- 

*  Wheaton's  Reports,  Green  vs.  Biddle. 


HISTORY    OF   KENTUCKY. 


269 


ment  of  rents   and   profits  accrued,  prior  to  actual  notice  of 
the    adverse    title,    provided    his   possession   was   peaceable, 
and   he  shows  a  plain  and  connected  title  in  law  or  equity 
deduced  from  some   record.     It   moreover   enacted,   that  the 
successful   claimant   should   be  liable  to  a  judgment  against 
him  for  all  valuable  and  lasting  improvements  made  on  the 
land,   prior   to   actual   notice  of  the   adverse   title,   after   de- 
ducting from  the  amount,  the  damages,  which  the  land  has 
sustained   by  waste   or   deterioration  of  the   soil   by  cultiva- 
tion.    If  the  improvements  exceeded   the  value  of  the   land 
in   its   unimproved   state,  the   claimant  shall  be  allowed  the 
privilege   of   conveying  the   land   to   the   occupant    and    re- 
ceivins   in  return  the   assessed   value  of  it  without   the   im- 
provements,  and  thus  protect  himself  against  a  judgment  and 
execution  for  the  value  of  the  improvements.     If  he  should 
decline  doing   this,   the   successful   claimant  was  to   recover 
possession  of  his   land;   but   should   then   pay   the   estimated 
value  of  the  improvements,  aVid  also  lose  the  rents  and  profits 
accrued   before   notice   of   his   claim.     As    to    improvements 
made   and   profits   accrued  after  notice  of  the   adverse  title 
the   amount  of  the   one  shall  be  deducted  from  that  of  the 
other,   and   the    balance    added   to,   or   subtracted    from   the 
estimated  value  of  the  improvements  made  before  such  no- 
tice, as  the  nature  of  the  case  may  require."'     It  is  provided 
by   a   subsequent   clause,   "that  in   no  case,   shall    the   suc- 
cessful claimant  be   obliged  to  pay  for  improvements  made 
after  notice,  more  than  is  equal  to  the  rents  and  the  pro- 
fits." 

Such  is  the  nature  of  the  great  remedial  statutes  of  Ken- 
tucky, intended  to  protect  the  agricultural  industry  of  the 
State  from  the  distressing  uncertainty  which  had  attached  to 
its  land  titles,  growing  out  of  the  mischievous  system  of  selling 
claims  to  land  before  its  boundaries  had  been  surveyed  and 
identified.  This  statute  of  peace  and  honest  compensation, 
was  opposed  on  its  introduction  into  the  legislature  by  Mr. 
James  Hughes,  a  learned  and  highly  reputable  lawyer,  then  a 
member  of  the  House  of  Representatives,  from  the  county  of 


V  * 


270  HISTORY  OF  KEJfTCCKr. 

Fayette.    He  early  took  the  ground,  that  it  was  a  violation  of 
the  compact  of  separation  with  Virginia,  and  which  having 
declared  that  the  rights  and  interests  of  lands  derived  from 
the  laws  of  Virginia,  should  be  decided  by  the  laws  in  force 
when  the  compact  was  made ;  and  this  of  course,  precluded  all 
legislation  on  the  subject."     To  this  it  was  replied  by  Mr. 
Marshall,  "that,  upon  the  gentleman's  principles,  the  compact 
had  been  already  violated,  by  passing  the  act  of  November, 
1792,  allowing  further  time  to  appoint  agents  for  surveying 
lands,  &c. ;  that  indeed,  it  might  be  doubted  if  the  law  subject- 
ing lands  to  execution  for  the  payment  of  debts,  was  not  also 
a  violation  of  the  constitution;  for  there  certainly  was  no  such 
law  of  Virginia  at  the  date  of  the  compact;  and  that  it  did  as 
certainly  affect  private  rights  and  interests  of  lands  derived 
from  the  laws  of  Virginia.     Nay,  our  revenue  laws  go  to  the 
same  description  of  rights  and  interests;  they  are  acts  of  the 
Kentucky  legislature;  yet  their  constitutionality  has  not  been 
questioned.     That  indeed,  if  the  doctrines  of  the  gentleman 
from  Fayette  were  correct,  Kentucky  had  excluded  herself  by 
compact,  fi-om  legislating  on  the  subject  of  her  lands  claimed 
under  the  Virginia  laws;  then  the  only  laws  of  origin  and 
derivation  of  claims  to  lands  known  in  the  country.     But  he 
has  mistaken  both  the  character  of  the  bill  and  the  nature  of 
the  compact.     The  latter,  it  is  true,  confines  the  decisions  on 
conflicting  claims,  derived  from  the  laws  of  Virginia,  prior  to 
the  separation,  to  the  laws  in  force  at  the  time  of  making  the 
compact;  while  the  former,  supposing  the  right  to  be  so  ad- 
justed, steps  in  to  adjust  not  a  matter  of  right  or  interest, 
existing  prior  to  the  separation;   nor  at  all  concerning  the 
origin  or  derivation  of  the  parties'  rights  or  interests  in  the 
land   itself;    but  solely  concerning    its  occupancy,    and  the 
mutual  demands  of  rents  made  on  the  one  side,  and  for  im- 
provoments  made  on  tiie  land,  on  the  other.     Demands  which 
may  now  be  settled  and  adjusted  by  the  Chancellor,  where  the 
suit  is  in  chancery  for  the  title,  which  gives  him  jurisdiction 
of  the  incidents  with  the  principal  matter;   but  which  it  is 
understood,  can  not  ^be  adjusted  where  the  proceeding  is  at 


HISTORY   OF   KENTUCKY. 


271 


law — as  in  case  of  ejectments.  Now,  the  purpose  of  the  bill 
is,  to  extend  the  principles  to  the  eviction  by  ejectment;  and 
without  exposing  the  occupant  to  be  turned  out  of  possession 
unremunerated  for  improving  the  land,  and  subject  to  be  sued 
for  rents,  or  driven  to  a  doubtful  suit  at  chancery ;  at  once  to 
afford  him  a  plain,  safe,  and  expeditious  mode  of  adjusting  these 
matters,  in  the  court  where  the  judgment  of  eviction  has  been 
pronounced ;  and  by  the  same  uniform  process,  whether  the  de- 
cision was  at  law  or  in  chancery.  Can  not  the  legislature  do 
this?  Can  it  not  resolve  by  law,  an  equitable  principle  into  a 
statutory  provision?  Then  neither  can  it  alter  any  part  of  the 
common  law.  Doctrines  to  which  I  can  not  subscribe."  This 
measure,  whose  importance  has  induced  the  above  abstract  of 
remarks  in  the  legislature  of  that  day.  passed  both  Houses; 
in  the  House  of  Representatives  there  were  but  eight  votes 
against  its  becoming  a  law.  This  measure  of  beneficent  policy 
was  acquiesced  in  and  apparently  approved  by  all  parties.  But 
unfortunately,  in  1812,  this  law  was  further  altered  by  enact- 
ing, that  "the  claimant  may  avoid  the  payment  of  the  value  of 
improvements,  (whether  valuable  and  lasting  or  not,)  by  relin- 
quishing the  land  to  the  occupant,  and  be  paid  its  estimated 
value,  in  its  improved  state."  Thus,  if  the  claimant  elect  to 
pay  for  the  value  of  the  improvements,  he  is  to  give  bond  and 
security  to  pay  the  same,  with  interest,  at  different  instalments. 
If  he  fail  to  do  this,  or  if  the  value  of  the  improvements  ex- 
ceeds three-fourths  of  the  unimproved  lands,  an  election  is 
given  to  the  occupant,  to  have  a  judgment  entered  against  the 
claimant  for  the  assessed  value  of  the  improvements;  or  to 
take  the  land,  giving  bond  and  security  to  pay  the  value  of 
the  land,  if  unimproved,  by  instalments  with  interest.  But, 
if  the  claimant  is  not  willing  to  pay  for  the  improvements, 
and  they  should  exceed  three-fourths  of  the  value  of  the 
unimproved  land,  the  occupant  is  obliged  to  give  bond  and 
security,  to  pay  the  assessed  value  of  the  land,  with  interest; 
which  if  he  fail  to  do,  judgment  is  to  be  extended  against 
him  for  such  value,  the  claimant  releasing  his  right  to  the 
land,  and  giving  bond  and  security  to  warrant  the  title.     If 


272  HISTORY   OF   KENTUCKY. 

the  value  of  the  improvements  does  not  exceed  three-fourths 
of  the  value  of  the  unimproved  lands,  then  the  occupant  is 
not  bound,  (as  he  is  in  the  former  case,)  to  give  bond  and 
security  to  pay  the  value  of  the  land;  but  he  may  claim 
a  judgment  for  the  value  of  his  improvements;  or  take  the 
land,  giving  bond  and  security,  as  before  mentioned,  to  pay 
its  estimated  value. 

The  exemption  of  the  occupant  from  the  payment  of  the  rents 
and  profits,  extends  to  all  such  as  accrued  during  his  occupancy, 
before  judgment  rendered  against  him  in  the  first  instance;  but 
such  as  accrue  after  such  judgment,  for  a  term  not  exceeding 
five  years,  as  also  waste  and  damage,  committed  by  the  occu- 
pant after  suit  brought,  are  to  be  deducted  from  the  value  of  the 
improvements,  or  the  court  may  I'ender  judgment  for  them 
against  the  occupant.  The  amount  of  such  damages,  rents, 
profits  and  waste,  and  also  the  value  of  the  improvements,  and 
of  the  land,  without  the  improvements,  arc  to  be  ascertained  by 
commissioners,  to  be  appointed  by  the  court,  and  who  act  under 
oath."  Under  this  law  "it  was  made  the  interest  of  the  party 
in  possession  under  a  bad  claim,  to  postpone  and  put  off  a  final 
decision,  as  long  as  possible;  which  the  rents  of  the  land  ena- 
bled him  to  do.  There  was  no  saving  of  the  rents  to  those  who 
had  commenced  suits  under  the  former  law,  which  entitled  them 
to  rents  if  successful,  as  an  offset  to  improvements  made  on  the 
land."  "The  necessity  of  paying  for  all  improvements,  how- 
ever useless  they  might  be,  or  of  surrendering  the  title  to  the 
land  at  its  woodland  price,"  was  deemed  a  great  grievance 
under  this  new  form  of  the  law.  These  complaints  led  to  the 
famous  suit  of  Green  against  Biddlc,  in  the  Circuit  court  of 
Kentucky,  which  upon  a  divisionof  opinion  between  the  judges, 
produced  a  reference  to  the  Supreme  court  of  the  United 
States,  for  its  opinion  upon  the  constitutionality  of  the  above  re- 
cited acts  of  Kentuclvy,  concerning  occupying  claimants.  Both 
the  parties  claimed  under  patents  from  Virginia,  prior  to  the 
separation  of  Kentucky  from  the  parent  State.  The  court  in 
February,  1821,  decided  against  the  constitutionality  of  these 
acts,  "as  a  violation  of  the  7th  article  of  the  compact  with  Vir- 


HISTORY  OF  KKXTUCKY.  273 

ginia.  On  the  application  of  Mr.  Henry  Clay,  as  amicus  curitE, 
that  the  certificate  to  the  Circuit  court  should  be  withheld,  the 
case  was  continued  to  the  next  term  for  argument.  In  the  en- 
suing session  of  the  legislature,  this  subject  excited  deep  and 
fixed  attention;  and  was  particularly  brought  before  that  body 
by  the  Governor.  The  matter  was  submitted  to  a  committee,  of 
which  that  honest  and  distinguished  statesman,  John  Pope,  was 
chairman,  who  drew  up  a  dignified  and  cogent  view  of  this  con- 
troversy, so  deeply  interesting  to  Kentucky.  In  this  report,  it 
was  maintained,  that  "the  plain  and  common  sense  meaning"  of 
the  terms  private  rights  and  interests  of  land,  used  in  the  com- 
pact, "as  it  has  been  understood  by  the  parties,  and  the  people 
generally,  is,  that  those  rights  and  interests  of  land,  derived 
from  the  laws  of  Virginia,  should  be  valid  and  secure  under 
Kentucky;  and  that  the  laws  of  Virginia  were  to  furnish  the 
rule"  for  their  decisions.  Such  has  been  the  construction  given 
to  this  article  of  the  compact,  by  the  courts  here.  "The  word 
right  is  applied  in  the  land  law,  to  both  imperfect  and  complete 
title.  Settlement  rights  and  pre-emption  rights  are  mentioned ; 
and  in  the  provision  respecting  caveats,  the  word  right  is  used 
in  reference  to  a  title  by  entry  or  patent,  because  either  will 
authorize  a  caveat.  The  words  right  and  title,  in  common  par- 
lance, in  statutes  and  in  law  writers,  are  often  used  as  synony- 
mous terms.  There  is  no  foundation  for  supposing,  that  the 
parties  to  the  compact,  meant  by  rights  and  interests,  any  thing 
different  and  distinct  from  titles.  A  patent  from  a  State,  or  the 
general  government,  is  a  contract,  which  the  government  can 
neither  revoke  nor  impair,  according  to  the  decision  of  the  Su- 
preme court,  in  the  case  of  Peck  against  Fletcher.  A  patent  is 
a  contract  for  title,  so  far  as  the  grantor  has  it,  and  for  all  that 
use  and  enjoyment,  which  is  incident  to  the  ownership  of 
property,  subject  always  to  those  burdens  and  to  that  policy, 
which  the  welfare  of  the  government  which  protects  it,  may 
impose.  The  compact  with  Virginia,  and  the  compact  with 
every  patentee,  are  in  effect  the  same,  and  the  occupying 
claimant  laws  of  Kentucky,  if  unconstitutional  for  their  viola- 
tion and  impairmg  the  value  of  the  Virginia  patent,  are  equally 


274  HISTORY  OF  KENTUCKY. 

unconstitutional  for  impairing  the  patents  of  Kentucky."     "It 
should  be  remembered  that  every  citizen  of  a  social  community 
is  identified  with  its  general  welfore,  and  whatever  burdens, 
that  demands,  may  be  rightfully  imposed,  unless  interdicted  by 
some  constitutional  limitation  of  pov.er.*'     Another  view  of  this 
subject  presents  much  force;  that  the  decision  of  the  Supreme 
court  of  the  United  States,  is  iu  direct  opposition  to  the  Su- 
preme court  of  Kentucky,  upon  a  question  of  its  own  local  con- 
stitution, which  in  all  comity,  and  by  virtue  of  the  case  of  Col- 
der and  wife  against  Bull,  appertains  exclusively  to  the  local 
tribunal.     In  consequence  of  this  report,  the  legislature  came 
to  resolutions    affirming   the  constitutionality  and   importance 
of  the  occupying  claimant  laws,  appointing  commissioners  to 
open  a  communication  with  Virginia,  conceraiug  the  meaning 
and  execution  of  the  compact  between  that  State  and  Kentucky, 
and  finally  requesting  the  said  commissioners,  to  oppose  before 
the  Supreme  court,  any  attempt  to  declare  void  the  laws  in 
question.     By   virtue   of  these  resolutions,  Messrs.  Clay  and 
Bibb  were  appointed  commissioners,  to  execute  this  important 
trust.     They  appeared  before  the  legislature  of  Virginia,  as 
well  as  the  Supreme  court,  and  argued  the  constitutional  and 
pactional  character  of  the  Kentucky  occupying  claimant  laws, 
with  what  effect  will  hereafter  be  seen. 

It  ought  to  be  mentioned  in  connexion  with  this  part  of  the 
subject,  that  at  the  session  of  1821-2,  Virginia  had  deputed 
Watkins  Leigh,  Esq.,  as  her  commissioner  to  wait  on  the  legis- 
lature of  Kentucky,  and  invite  legislative  provisions  for  certain 
military  claims  arising  out  of  the  revolution;  if  that  should  not 
be  granted,  then  to  ask  of  the  legislature  the  organization  of  a 
board  of  commissioners,  in  conformity  with  the  compact  between 
the  two  States,  for  the  purpose  of  deciding  all  matters  in  contro- 
versy between  them.  To  tlie  latter  proposition,  Kentucky  ac- 
ceeded,  and  on  the  5th  of  June,  1822,  JNIessrs.  Clay  and  Leigh, 
on  the  part  of  tlie  two  States,  entered  into  an  agreement  for 
organizing  a  board  of  commissioners  according  to  certain  con- 
tingent articles;  reserving  to  their  respective  States,  the  right 
of  ratifying  or  rejecting  them.     This  ratification  was,  however, 


HISTORY   OF   KENTUCKY.  275 

refused  by  the  Senate  of  Virginia,  after  it  had  been  fully  ex- 
tended by  this  Commonwealth,  and  Jacob  Burnet,  Esq.,  of  Ohio, 
and  Hugh  L.  White,  Esq.,  of  Tennessee,  had  been  appointed 
commissioners  under  the  convention  upon  her  part.  A  result, 
to  say  the  least,  little  to  be  expected  from  a  negotiation,  soli- 
cited by  Virginia  herself,  when  a  friendly  negotiation  might 
have  saved  the  people  of  Kentucky,  the  distress  and  apprehen- 
sion so  extensively  felt  on  the  subject  of  these  favorite  measures 
of  peace,  and  honest  compensation  for  labor,  expended  under 
the  faith  of  the  very  acts  and  records  of  Virginia.  After  the 
argument  of  Messrs.  Clay  and  Bibb,  in  opposition  to  Messrs. 
Hardin  and  Montgomery,  before  the  Supreme  court  of  the 
United  States,  their  judgment  was  held  up  till  after  they  had 
learned  that  Virginia  had  refused  to  organize  the  commission 
contemplated  by  the  compact.  This  high  tribunal  then,  by  the 
opinion  of  judges  Washington,  Duval  and  Story,  judge  Johnson 
dissentient,  judge  Marshall  not  sitting,  judge  Livingston  lying 
ill,  as  well  as  judge  Todd,  decided  against  the  constitutionality 
of  both  the  occupying  claimant  laws  of  1797  and  1812.  The 
main  argument  of  the  court  seems  to  be,  that  the  acts  in  question 
conflicted  with  the  provision  of  the  constitution  of  the  United 
States,  which  prohibits  any  State  from  passing  any  act  impairino- 
the  obligation  of  contracts.  This  reason,  with  all  the  deference 
due  to  this  exalted  and  most  able  court,  whose  learning,  wisdom 
and  purity  have  shed  judicial  glory  around  the  repubKc,  and 
conferred  new  honors  on  the  great  profession  from  which  they 
have  sprung,  is  utterly  dissented  from  by  repeated  decisions  of 
the  Supreme  appellate*  court  of  this  state,  and  not  held  any 
more  as  law  in  Kentucky  xow,  than  before  the  decision  in  the 
case  of  Green  against  Biddle.  Our  court  of  Appeals  say,t  "that 
we  should  consider  ourselves  bound  by  the  decisions  of  the 
Supreme  court  of  the  United  States,  settling  a  construction  of 
the  constitution  or  laws  of  the  United  States,  in  cases  where  it 
possesses  revising  jurisdiction  over  the  decisions  of  this  court, 
we  shall  not  pretend  to  controvert."  But  "  the  case  of  Green 
against  Biddle  was  decided  by  three  only  of  the  seven  judges, 

*  See  Pirtle's  Digest,  vol.  1—162-3.    t  Monroe's  Reports,  58,  Bodley  vs.  Gaither. 


276  HISTORY   OF   KEA'TUCKY. 

who  compose  the  Supreme  court  of  the  United  States;  and 
being  the  opiniosi  of  less  than  a  majority  of  the  judges,  cannot 
be  considered  as  having  settled  any  constitutional  principle. 
It  would  not,  we  apprehend,  be  considered  conclusive  in  any 
subsequent  case  that  may  be  brought  before  it."  At  the  same 
time  the  court  intimated  that  it  did  not  intend  to  admit  the 
binding  force  of  that  opinion  of  the  Supreme  court,  if  it  had 
been  the  unanimous  opinion  of  all  the  judges  composing  that 
court. 

There  are  circumstances  connected  with  the  decision  of  the 
Supreme  court  of  the  United  States,  in  the  case  of  Green  against 
Biddle,  which  demand  the  animadversion  of  every  patriot,  and 
are  due  to  the  rights  and  dignity  of  Kentucky.  Upon  the  ratifi- 
cation of  the  convention  between  Messrs.  Clay  and  Leigh,  the 
legislature  of  Kentucky  appointed  Henry  Clay,  Esq.,  and  judge 
Rowan,  in  1822,  to  attend  as  counsel  before  the  tribunal  to  be 
organized  in  conformity  to  the  above  mentioned  convention. 
These  gentlemen,  upon  learning  the  decision  of  the  Supreme 
court,  determined  to  make  one  more  struggle  for  the  dearest 
interests  of  the  enterprising  and  unfortunate  pioneers  of  Ken- 
tucky, by  a  petition  for  a  reconsideration.  Accordingly, 'a  com- 
prehensive and  able  argument  was  drawn  up  by  judge  Rowan 
alone,  owing  to  the  other  engagements  of  Mr.  Clay,  richly  im- 
bued with  the  ardent  eloquence  adorning  that  gentleman,  and 
which  received  the  commendations  of  his  eminent  colleague. 
When  judge  Rowan  attempted  to  read  this  petition,  on  behalf  of 
one  of  the  high  parties  to  this  confederacy,*  "  the  court  would  not 
hear  it  read;  and  it  was  with  great  apparent  I'eluctance  that 
judges  Washington  and  Duval  agreed  to  take  and  read  it  in 
their  chamber.  Judge  Story  would  not  assent  even  to  that 
measure.  .Judge  Johnson  was  throughout  favorable  to  the 
application.     It  was  on  a  subsequent  morning  overruled." 

On  the  ap[)lication,  judge  Washington  observed  to  judge 
Rowan,  that  every  deliberation  had  been  bestowed  on  this 
subject,  the  pride  of  Kentucky  had  been  heard  on  it,  and 
no  new  views  could  be  presented.     This,  it  must  be  observed, 

«  Judge  Itowan's  letter  to  Gov.  Adair. 


HISTORY  OF   KENTUCKY.  277 

is  too  supercilious  a  spirit  to  be  indulged,  on  questions  in- 
volving the  constitutionality  of  the  laws  of  the  States;  which 
of  all  others  are  so  calculated  to  convulse  the  confederacy  to 
death.  Not  that  it  is  meant  to  disparage  the  wholesome 
jurisdiction  of  this  high  court,  the  Areopagus  of  the  republic,- 
but  it  is  intended  to  advocate  profound  caution  in  discharging 
so  invidious,  and  yet  so  indispensable  a  controling  power  over 
the  great  political  bodies,  which  compose  our  federal  system. 
Too  much  delicacy  and  conciliation  of  manner,  can  scarcely 
be  exhibited  in  executing  these  high  prerogatives.  Under 
the  influence  of  such  opinions,  would  not  the  petition  of 
Kentucky,  (for  so  that  of  her  counsel  must  be  considered,) 
have  been  readily  heard  and  examined;  and  if  the  opinion 
of  the  court  had  been  held  up,  (supposing  it  unaltered  on  a 
subject  so  peculiarly  local,)  it  would  have  lost  no  weight  by 
its  age;  and  it  would  certainly  have  gained  much  in  the  graces 
of  an  ardent  people,  whose  fields  and  fire-sides  were  involved 
in  its  operation. 

The  author  may  not  refrain  from  enriching  his  pages  with 
some  extracts  from  this  petition,  so  ungraciously  received  by 
the  Supreme  court  of  the  United  States,  yet  marked  with 
intense  investigation,  and  animated  by  a  profound  zeal  for 
the  interests  of  Kentucky. 

"Can  it  be  supposed,  or  presumed,  reasonably,  that  the  Dis- 
trict of  Kentucky,  engaged,  at  the  date  of  the  compact,  in  its 
tenth  years'  war  with  the  savages,  that  occupied  the  wildernese, 
on  its  southern,  western  and  northern  frontier,  itself  almost  a 
wilderness — a  war  which  had  not  intermitted  during  all  that 
time,  and  had  been  unusually  sanguinary,  with  its  settlements 
sparse,  and  scattered,  weak  from  the  paucity  and  dispersed 
state  of  its  population.  Not  knowing  certainly  when  the  war 
would  terminate;  or  with  what  farther  ravages,  its  progress 
might  be  marked.  Situated,  from  three  to  five  hundred  miles, 
from  any  efficient  source  of  assistance.  Constrained  to  rely 
upon  its  own  strength,  and  resources.  Its  territory  encum- 
bered and  cursed  with  a  triple  layer  of  adversary  claims.    Cui 

it  be  supposed,  (hat  a  district  thus  situated;  conscious  that  it 

2  A 


278  HISTOEY   OF  KENTUCKY. 

needed  the  strength  of  increased  population,  not  only  to  sus- 
tain it  in  the  war  in  which  it  was  engaged;  but  to  reduce  its 
wilderness  land  to  a  state  of  cultivation,  and  tTiereby  fur- 
nish the  resources  necessary  to  sustain  the  new  government, 
would  in  the  very  process  of  its  formation,  surrender  the 
power,  so  indispensably  necessary,  if  not  to  its  very  existence, 
certainly  to  its  well  being  and  prosperity  ?  It  needed  the  power 
to  furnish  incentives  to  emigration  and  to  industry :  to  silence 
as  speedily,  as  it  could  be  justly  done,  the  litigation  in  relation 
to  its  lands,  which  threatened  its  repose.  Can  it  be  presumed, 
it  is  again  asked,  to  have  consented  to  part  with  those  powers, 
which,  if  they  were  not  essential  to  its  sovereignty,  were  in- 
dispensably so  to  its  condition  1 

"It  remained,  when  the  Indians  should  have  been  conquered, 
to  subdue  the  forests  of  the  wilderness.  Can  it  be  reasonably 
supposed,  that  the  people  of  that  district,  after  winning  the 
country  by  conquest,  under  circumstances  of  privation,  hard- 
ship, and  gloom,  of  which  a  true  narrative  would,  on  account  of 
their  peculiarity,  seem  more  like  romance,  than  history — a 
gloom  not  indeed  uninterrupted ;  but  when  interrupted,  bright- 
ened only  by  the  gleams  of  their  own  chivalric  daring,  and 
valorous  achievement;  that  such  a  people  would  consent  to 
clear  up  the  grounds,  erect  houses,  build  barns,  plant  orchards 
and  make  meadows,  for  the  sole  convenience  of  those  who  had 
latent  rights,  and  who,  during  the  war,  and  while  the  improve- 
ments were  making,  had  remained  as  late7it  as  their  rights? 

"The  conduct  of  the  State  of  Kentucky,  whatever  may  have 
been  said  of  it  by  the  misguided  or  the  unprincipled,  has  been 
high-minded,  liberal  and  indulgent  towards  non-resident  claim- 
ants of  lands  in  that  State.  She  indulged  them  from  year  to 
year,  for  six  years,  to  make  their  surveys,  and  from  year  to 
year,  for  twenty  years,  to  return  plats  and  certificates  of  sur- 
vey to  the  Register's  office.  She  repealed  her  laws  against 
champerty  so  early  as  the  year  1798,  in  the  mistaken  view  of 
furnishing  to  them  increased  facilities  of  disposing  of  their 
claims;  and  in  all  her  laws  for  the  appropriation  of  vacant 
lands,  she  declared  that  every  survey  or  patent  which  might 


HISTORY   OF   KKSrVCKY.  279 

be  obtained  under  those  laws,  should  be  absolutely  void,  so  fai' 
as  it  should  interfere  with  a  survey  made  in  virtue  of  a  right 
derived  from  Virginia." 

The   mischievous   operation   of   this   decision   of  the    land 
titles  of  Kentucky,  has  been  arrested  by  two  causes ;  neither 
of  which,  was  anticipated  at  the  time  it  was  given  by  the  Su- 
preme court.     The  first  has  been  the  refusal  of  the  x\ppellate 
court  of  Kentucky*  to  be  bound  by  an  opinion  of  the  Supreme 
court  of  the  United   States,   not  concurred  in  by  a  niajorit\' 
of  the  whole   court.      The  second  has  been  the  subsequent 
determination  of  the    Supreme  court,    unanimously  affirming 
the    constitutionality   of  the   act   of   Kentucky,    limiting   the 
commencement  of  actions  against  actual  settlers,  within  seven 
years  from  its  passage;  and  its  consistency  with  the  compact 
between  Virginia   and   Kentuckv.      This   additional   quieting 
measure  was   passed  on  the  9th  of  February,   1809,  and  its 
constitutionality  was  affirmed  in  1831,  in  the  case  of  j  Hawkins 
et.  al.  v.=.  Barneys'  lessees.     Thus  has  the  poison  and  the  cure 
proceeded  from  the  same  source,  though  the  forfeiture  of  the 
land   itself,  would  seem,  to  one  uninitiated   in  the  mysteries 
of  the  law,  a  much  more  fearful  violation  of  the  obligation  of 
the  contract,  contained  in  a  patent  for  land :  than  the  subjection 
of  that  same  land  to  a  salvage,  or  per  centage  for  actual  im- 
provements, made  upon  it,  in  as  good  faith,  as  that  which  gave 
the  elder  patent.     Less  than  this,  could  not  well  be  said  on  a 
subject  connecting  itself   with  the   sacred  freehold,    the   Dii 
Penates  of  the  State. 

«  Littell's  Laws,  iv.  56.  j  Peters'  Report,  5. 


28()  HISTORY   OF   KENTUCKY. 


CHAPTER  XVI. 

Convention — Emancipation  of  Slaves — Henry  Clay — Penitentiary   Code — Alien  and 

Sedition  Laws — Nullification   Kesolutions    of  Kentucky    in   1798-1799 — Abjuration 

of  this  doctrine  in  1833— Constitution  of  1800— State  of  Legislation— Trade-Election 

of  Mr.    Jetferson  as  President  of  the  United  States— Judiciary  Repeal — Repeal  of 

.     the  Internal  Tases — Insuramce  Company. 

During  the  year  1797,  a  partial  and  irregular  vote  was 
taken  on  the  question  of  calling  a  convention  to  revise  the 
Constitution.  By  this,  the  whole  number  of  voters  was  repre- 
sented as  "nine  thousand  eight  hundred  and  fourteen,  and  that 
of  this  number,  five  thousand  four  hundred  and  forty-six  were 
for  a  convention.  Of  the  twenty-one  counties,  then  existing 
in  the  State,  at  the  time  of  the  general  election  in  May,  1797, 
there  were  five  which  made  no  return  of  those  who  voted  at 
the  election."  A  bill  for  taking  the  sense  of  the  people  on  the 
assembling  of  a  convention,  fell,  in  the  Senate,  by  a  small 
majority.  This  measure,  like  most  political  topics,  is  said  to 
have  gathered  strength  by  agitation. 

The  aristocratic  constitution  of  the  Senate,  formerly  hinted 
at,  became  a  free  topic  of  public  animadversion — its  remote 
ness  from  the  choice  of  the  people ;  though  not  more  so  than 
that  of  the  President  and  Vice  President  of  the  United  States 
is,  at  this  moment,  under  the  federal  constitution;  yet  it  was 
highly  odious  to  the  people. 

The  emancipation  of  slaves,  presented  another  matter  of 
ferment  and  uneasiness.  On  this  delicate  point,  Mr.  Clay, 
who  had  only  come  to  the  State  in  1797,  took  the  fearless  part 
of  advocating  a  gradual  emancipation  of  slaves,  which  his 
noble  spirit  has  ever  dictated.  It  was  the  precursor  of  that 
illustrious  career  which  he  has  so  honorably  run,  in  supporting 
the  wise  and  pure  charities  of  the  "Colonization  Society.'* 
Such  are  said  to  have  been  the  principal  points  of  agitation 
among  the  people;  still  no  decisive  popular  vote  could  be 
obtained  on  the  question,  at  the  August  election  in  1798. 
The  result,  as  before,  left  several  counties  unrepresented  on 
the  matter;  seven  out  of  twenty-four  of  them,  did  not  vote  on 


HISTORY   OF   KENTUCKY.  281 

the  question  at  all,  and  the  total  presented,  eleven  thousand 
eight  hundred  and  fifty  three  in  favor  of  the  convention,  and 
eight  thousand  eight  hundred  and  four  against  it.  A  law, 
however,  pa.ssed  this  session,  for  calling  a  convention  on  the 
22dJuly,  1799. 

A  memorable  change  in  our  criminal  code  was  effected 
during  the  session  of  1797-98;  it  was  the  abolition  of  the 
punishment  of  death,  for  any  offence  but  that  of  murder  in  the 
first  degree.  This  species  of  crime  was  defined  to  consist  in 
''murder,  which  shall  be  perpetrated  by  means  of  poison,  or  by 
lying-in-wait,  or  by  any  other  kind  of  wilful,  deliberate  and 
premeditated  killing;  or  which  shall  be  committed  in  the  per- 
petration, or  attempt  to  perpetrate  any  arson,  rape,  robbery,  or 
burglary."  Other  kinds  of  homicide  v/ere  to  be  punished  with 
confinement  in  the  penitentiary,  for  not  less  than  five,  nor  more 
than  eighteen  years.  Other  offences  were  made  punishable  by 
similar  alleviations. 

But  while  there  can  be  no  doubt,  that  the  spirit,  in  which 
this  great  revolution  in  our  criminal  code  originated,  was  one 
of  the  purest  benevolence;  one  that  has  engaged  the  minds 
and  hearts  of  some  of  the  warmest  friends  of  social  order, 
and  moral  improvement,  the  Beccarias  and  the  Howards  of 
society;  5'et  there  are  considerations  for  the  security  of  the 
innocent  and  injured,  who  become  the  victims  of  lawless 
passions,  which  have  been  too  much  lost  sight  of  in  some 
of  our  penitentiary  systems.  Punishment  for  crime  may 
be  made  so  tolerable  under  the  influence  of  a  false  and  per- 
verted humanity,  as  to  neglect  the  violatd  rights  of  society. 
Feeling  for  the  effects  brought  upon  criminals  by  their  inor- 
dinate passions,  may  be  carried  so  far  as  to  lose  sight  of  the 
just  claims  of  the  innocent.  In  another  point  of  view,  peniten- 
tiaries, according  to  their  management,  have  in  many  instances, 
been  schools  of  vice,  and  sources  of  augmented  corruption, 
instead  of  institutions  of  reform;  either  by  their  physical  or 
moral  influences.  Tested  by  any  of  the  principles,  which  have 
received   the   sanction   of  the  wisest   friends   of   ameliorated 

legislation    on   criminal    punishments,    the   author   fears    the 

2  A* 


282  HISTORY   OF    KENTircKV. 

penitentiary  of  Kentucky  will   be   found   to   be  far  short  of 
practicable  perfection. 

On  these  points  of  interesting  law,  the  friends  of  humanity 
have  been  not  a  little  divided.  One  portion  attaching  the 
importance  of  this  species  of  punishment  to  solitary  confine- 
ment exclusively,  with  or  without  work;  the  other  to  a  system 
of  rigid,  silent  labor,  but  without  solitary  confinement.  The 
models  of  these  respective  systems  are  to  be  found  in  the 
Eastern  Penitentiary  of  Philadelphia,  for  the  first  system, 
and  the  Sing-Sing  establishment  in  the  State  of  New-York, 
for  the  other.  *  ' 

In  the   year   1798,  an   agitation   took    pl;ace,    which    has 
scarcely  ever  been  equalled  in  Kentucky,  produced  by   the 
passage  of  two   acts   of  Congress,   familiarly   known   as   the 
alien  and  sedition  laws.     The  sentiments  of  Kentucky  were 
never  more   unanimous   than   in   the   condemnation   of  these 
measures.     The  Governor,  in  his  first  communication  to  the 
legislature,    after  their  passage,  called  the  attention  to  these 
measures  of  that  body,  by  "telling  them  that  they  had  vested 
the  President  with   high  and  dangerous  powers,  and  intrenched 
on  the  prerogatives  of  the  individual  States,  have  created  an 
uncommon  agitation  of  mind  in  different  parts  of  the  Union, 
and  particularly  among  the  citizens  of  this   commonwealth.  ■• 
The  alien  law  authorized  the  President  of  the  United  States 
"to  order  all  such  aliens  as  he  shall  judge  dangerous  to  the 
peace  and  safety  of  the  United  States,  or  shall  have  reason- 
able ground  to  suspect  are  concerned  in  treasonable  or  secret 
machinations  against  the  government  thereof,  to  depart  out 
of  the  territory  of  the  United  States."    By   another  section 
the  President  was  authorized  to  "grant  license  to  any   alien 
to  remain  within  the  United  States  for  such  time  as  he  shall 
judge  proper,  and  at  such  place  as  he  may  designate."    In 
addition  to  these  high  and    arbitrary    powers    over    aliens, 

»Tlie  rcarlf-r,  who  fivls  a  r\iriosity  to  iiivoMiir-.itc  these  prpnt  moral  proMems,  will 
)in<l  lliiiii  must  ahly  ami  imiiarlially  disnissc'il  in  the  "lU'iiort  ot'  Messrs.  0.  De  lieaumont 
and  A.TH'  'I'oiiiicville,  on  the  renilentinry  sysleiii  of  the  TJnilfd  Slates,  to  the  Kovern- 
iiieiit  of  I'raTirc."  It  is  translated  hy  llie  learned  and  sasarioiis  lAil]er,  the  editor  of 
the  Encyclopedia  Ainerifana;  nrioinpanied  hy  notes  in  the  iisnal  full  and  philogophlcal 
manner  of  lliis  learned  German,  who  hau  honored  our  country  hy  adopting  it.  Pliil- 
adolphil^  1833. 


HISTORY   OP   KENTUCKY.  283 

whose  nations  were  at  peace  with  the  United  States ;  powers 
so  calculated  to  arouse  the  jealousies  of  a  people  attached 
to  their  liberties,  it  was  likewise  enacted,  that  should  any 
alien  return,  who  had  been  ordered  out  of  the  United  States, 
by  the  President,  "unless  by  his  permission,  he  shall  be 
imprisoned  so  long  as  in  the  opinion  of  the  President,  the 
public  safety  may  require." 

The  sedition  law  was  still  more  odious  than  this  measure; 
it  attempted  to  protect  the  official  conduct  of  the  different 
branches  of  the  government  of  the  United  States,  from  that 
free  and  unrestrained  discussion,  alone  worthy  of  a  people 
canvassing  the  public  conduct  of  their  agents.  This  object 
it  effected  by  holding  any  person  answerable,  by  fine  and 
imprisonment,  "who  should  print,  utter,  or  publish  any  false, 
scandalous  and  malicious  writing  against  the  government  of 
the  United  States,  the  President  of  the  United  States,  or  either 
House  of  Congress,  with  intent  to  defame'''  "either  of  them,"  or 
"excite  against  either  of  them  the  hatred  of  the  good  people 
of  the  United  States."  The  great  objection  to  this  measure 
is,  not  its  subjecting  malicious  falsities  to  punishment;  but  its 
subjection  of  opinion,  however  honestly  entertained,  to  fine 
and  imprisonment. 

It  is  not  meant  by  the  author  to  shield,  or  apologize  for 
the  licentiousness  of  the  press,  for  its  wanton  impugning  the 
motives  of  public  men,  and  the  imputation  of  its  own  scan- 
dalous inventions,  much  less  its  unprincipled  dissemination  of 
known  falsehoods.  All  such  offences,  independent  of  their 
heinous  immoral ity,  their  violation  of  all  honorable  decorum 
and  liberal  discussion  in  lacerating  private  feelings,  are  essen- 
tially destructive  of  the  sound  and  valuable  influence  of  the 
press.  It  has  already  impaired  the  weight  which  this  great 
instrument  of  intellectual  and  moral  circulation  ought  to  have 
on  the  community.  The  frequency  of  falsehood  perplexes  the 
discrimination  of  truth;  and  the  press  ceases  to  be  a  credible 
witness  at  the  bar  of  the  public. 

But  are  penal  laws  the  proper  instructors  for  the  communi- 
ty in  liberality  and  decorum  of  political  discussion?     Can  they 


284  HISTORY   OF   KENTUCKY. 

infuse  the  moral  sensibility  and  sympathy,  which  shall  cor- 
rect the  fierce  and  ferocious  effusions  of  political  passions 
and  prejudices?  No  government  or  court  is  competent  tc 
exercise,  these  high  attributes  of  political  and  critical  cen- 
sorship. Opinions  are  only  to  be  combatted  by  argument 
and  wit  J  they  are  not  to  be  confounded  with  matters  of  fact, 
which  may  be  susceptible  of  precise  testimony  and  proof 
These  are  the  regions  of  mental  freedom,  which  ought  to  be 
open  to  the  excursions  of  all  minds,  uutrammeled  by  fears 
of  prosecution.  Nor  should  any  intellect  be  discouraged  from 
penetrating  these  bowers  of  philosophic  meditation,  so  pro- 
ductive of  valuable  lessons  to  society;  by  apprehensions  of 
legal  penalties,  from  the  differences  of  opinion  between  an 
author  and  a  jury.  In  confirmation  of  these  remarks,  the 
first  amendment  to  the  Constitution  of  the  United  States  de- 
clares, that  "Congress  shall  make  no  law  respecting  an  estab- 
lishment of  religion,  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech,  or  of  the  press."  The 
whole  spirit  and  tenor  of  this  constitutional  provision  seems 
to  prohibit  all  legislation  on  these  sacred  and  invidious  subjects. 
It  was  contended,  however,  that  it  was  a  law  restraining  the 
licentiousness  of  the  press,  and  that  the  right  of  giving  the 
truth  of  a  libel  in  evidence  provided  by  this  law,  was  an 
alleviation  of  the  common  law  which  forbade  it.  Yet  the 
fact  of  there  having  been  no  law  of  libel  or  scandalum  mag- 
natum,  under  the  federal  government,  previous  to  this  unfor- 
tunate attempt  to  establish  one,  obviously  rendered  the  liberty 
both  of  speech,  and  of  the  press,  less  than  it  had  been.  Thus 
far,  in  all  rational  estimation,  the  law  abridged  the  freedom  of 
both.  Besides,  the  liberty  of  speculative  discussion  cannot 
safely  be  discriminated  from  its  licentiousness.  No  doubt 
these  measures  originated  in  a  distempered  state  of  public 
feeling,  and  high  party  excitement.  The  passions  were  in- 
dulged to  disgraceful  and  exasperating  extremes,  and  neaVIy 
in  the  sanie  degree  on  one  side  as  on  the  other.  French  and 
British  sympathies  overwhelmed  the  feelings,  which  should 
ever  bind  fellow  countrymen  together  in  a  band,  superior  to 


HISTORY  OF  KENTUCKY.  285 

partiality  for  a  foreign  nation.  One  party  provoked  the 
other  to  extremities,  which  the  cooler  feelings  of  neither  would 
sanction.  Nor  would  these  unhappy  feuds  be  now  referred  to, 
were  it  not  to  preserve  the  additional  lesson  which  they  so  elo- 
quently convey,  of  the  injustice,  and  the  dangers  of  factions 
to  the  liberty  and  prosperity  of  republics. 

Such  were  the  views  which  generally  actuated  the  repub- 
licans, as  the  opponents  of  President  Adams,  the  elder,  de- 
nominated themselves.  But  names  do  not  alter  things,  though 
they  have  a  fearful  operation  amidst  the  fermentations  and 
furies  of  party. 

The  sense  of  Kentucky,  was  expressed  on  these  obnoxious 
measures  in  resolutions,  which,  with  their  allied  brethren 
adopted  by  the  legislature  of  Virginia,  have  become  more 
memorable  than  the  unhappy  discords,  which  produced  them. 
They  have  been  pressed  into  the  justification  of  the  fatal  per- 
version of  the  constitution,  maintained  by  the  South  Carolina 
doctrine  of  nullification.  These  resolutions,  which  it  has  since 
been  acknowledged  were  drafted  by  Mr.  Jefferson,*  and  com- 
municated by  him  to  Mr.  John  Breckenridge  of  Kentucky, 
were  intoduced  by  the  latter  gentleman  on  the  8th  day  of 
November,!  into  the  House  of  Representatives  of  Kentucky. 
The  essential  and  important  doctrine,  conveyed  by  these  reso- 
lutions, independent  of  their  protest  against  the  alien  and 
sedition  laws  was,  that  the  several  States  composing  the  Uni- 
ted States  of  America,  are  "united  by  a  compact,  under  the 
style  and  title  of  a  constitution  for  the  United  States,  that  to 
this  compact,  each  State  acceeded,  as  a  State,  and  is  an  inte- 
gral party,  its  co-States  forming  to  itself  the  other  party;  that 
the  government  created  by  this  compact,  was  not  made  the 
exclusive  or  final  judge  of  the  extent  of  the  powers  dele- 
gated to  itself;"  "but,  that  as  in  all  other  cases  of  com- 
pact among  parties  having  no  common  judge,  each  party  has 
an  equal  right  to  judge  for  itself,  as  well  as  of  infractions 
as   to   mode   and  manner  of  redress." 

On  the  9th,  the  House  resolved  itself  into  a  committee  of 

«:  Taylor's  Iiiquir)-,  p.  '74  f  Palladium,  13th,  1798. 


286  HISTORY   OP   KENTUCKY. 

the  whole,  on  the  state  of  the  Commonwealth,  when  the  resolu- 
tions above  mentioned,   were  moved  by  Mr.  John  Brecken- 
ridge  of  Fayette,   seconded  by  Mr.  Johnson.*     A  brief  debate 
arose  between  Mr.  William  Murray,  from  Franklin,  and  the 
mover:  the  opposition  appears  to  have  been  but  faint,  as  far 
as   the  meagre  report  of  the  discussion  can   aid   conjecture. 
Mr.  Murray,  in  the  report  subsisting,  confined  himself  to  de- 
precating an  expression  of  opinion  on  the  part  of  the   legis- 
lature; "where   is   the  clause,"   he  asked,  "which  has  given 
you  this  censorship — where  is  the  clause  which  has  authori- 
zed you  to  repeal,  or  to  declare  void,  the   laws  of  the  Uni- 
ted States?    If  we  have  been  elected  by  our  fellow  citizens, 
to  watch  over  the  interests  of  our  Commonwealth,   shall    we 
consume   our   time — shall   we   divert   our   attention   from  the 
objects    for   which   we   were    specially   sent   here,   in   fabri- 
cating theories  of  government,  and  pronouncing  void  the  acts 
of  Congress?"    After  expatiating  on  the  imbecility  of  the  con- 
federation, and   the  necessity  of  forming  a  closer  union  and 
a  more  energetic  government.     "This  constitution,"  he  show- 
ed,  "was   not   merely  a  covenant    between    integral   States, 
but   a   compact   between  several  individuals  composing  these 
States.     Accordingly,   the   constitution    commences    with  this 
form  of  expression :  "We,   the  people  of  the  United  States," 
not  "we,  the  thirteen  States  of  America."     In  another  place, 
this  distinguished  gentleman  observes,  that  "the  authority    to 
determine  that  a  law  is  void,  is   lodged   with  the  judiciary." 
These  sentiments,  recorded   in   an   obscure   provincial   news- 
paper, are  the   more  worthy  of  being  preserved,  for  their  cu- 
rious coincidence  with   the   argument   of  the  great  orator  of 
Massachusetts,  in    his    triumphant    vindication   of  the   supre- 
macy   of  the    constitution    of    the    United    States,   over    all 
State  laws.     On   this  occasion,!    in   answer  to  Mr.   Hayne,' 
he  said :  "The  gentleman  has  not  shown — it  can  not  be  shown, 
that  the  constitution  is  a  compact  between   the   State  govern- 
ments.    The  constitution  itself,  in  its  very  front,  refutes  that 
proposition;  it  declares  that  it  is  ordained  and  established  by 

»  The  Father  of  the  Hon.  E.  M.  Johnson.  f  January  6th,  1806. 


HISTORY   OF   KENTUCKY.  287 

the  people  of  the  United  States."     The  remarks  of  but  one 
gentleman   in  reply  to  Mr.  Murray,   are  reported,  and  they 
are   those   of  Mr.  John  Breckenridge,   th'e  mover:  he  obsei'- 
ved,  "I  consider  the  co-States  to  be  alone  parties  to  the  federal 
compact,  and   solely   authorized   to  judge   in   the   last   resort 
of  the  power  exercised  under  the  compact.     Congress    being 
not  a  party,   but   merely   the   creature   of  the   compact,   and 
subject  as  to  its  assumption  of  power,   to  the  final  judgment 
of  those  by  whom,  and   for  whose  use,  itself  and  its  powers 
were   all  created."     In    another   passage   he   says,   "If  upon 
the  representation  of  the  States  from  whom  they  derive  their 
powers,  they   should   nevertheless   attempt  to   enforce    them, 
I  hesitate   not  to  declare   it  as   my  opinion,  that  it   is   then 
the    right  and   duty   of  the   several   States,  to   nullify  those 
acts,   and  protect  their   citizens   from   their   operation."     On 
the  same  day,   the  resolutions   passed  both  Houses,*  the   Sen- 
ate   unanimously;  and  they  were  approved  by  the  Governor  on 
the    16th  of  November.     Important  as  these  resolutions  are, 
as   having  proceeded  from  the   author  of  the  Declaration  of 
Independence ;  influential  as  they  were  in  contributing  to  effect 
a  great  revolution  in  the  administration  of  the  general  gov- 
ernment, they,  it  must  likewise  be  observed,  have  had  a  fatal 
importance  in  organizing  the  wretched  and  delusive  miscon- 
struction   of  the    constitution,   which    has    lately    infatuated 
some  portions  of  the   United  States.     With  these  grave  and 
interesting  aspects,   they  will  therefore  be  traced  through  their 
history,  to  the   final   disclaimer   in  our  own  times,  of  all  such 
doctrines  on  the  part  of  Kentucky ;  when  she  felt  free  from  the 
intoxicating  delusions  of  1798.     These   expressions  of  Ken- 
tucky sentiments  on  some  of  the  most  prominent  measures 
of  the  administration  of  the  elder  Adams,  on  being  laid  before 
the   co-States,   agreeably  to   the   direction   expressed   in   the 
9th  resolution,  produced  counter  resolutions  from  all  the  States 
it   is   believed,  but  Virginia.     She  had  echoed  the  same  protest 
drawn   by   Mr.   Madison,   more   emphatically  than  any  other 

»  The  final  votes  in  the  House  were  as  follows:— nays  on  the  1st  rcEolution,  Murray; 
2d,  Brooko  and  Murray;  3d,  Murray  and  I'oacp;  4Ih,  5lh,  6th,  7th,  and  Stli,  Murray; 
fllh,  Brooke,  Mi;vray  and  Poage. — Palladium,  No.  13.  ITOc*, 


288  HISTORY  OF  KENTUCKY. 

man,  the  father  of  the  Federal  constitution.  Here  is  the 
cradle  of  nullification  in  the  resolutions  of  Messrs.  Jefferson 
and  Madison.  That  the  pernicious  doctrine  was  Icnowinglx) 
rocked  to  growth  and  strength,  by  these  sages,  the  author 
can  not  believe,  against  the  solemn  assurance  of  so  chaste 
and   virtuous   a   character   as   that   of  President  JMadison. 

He  declares  that  *  "the  tenor  of  the  debates,  which  were  ably 
conducted,  and  are  understood  to  have  been  revised  for  the  pi'ess 
by  most,  if  not  all,  of  the  speaker.s,  discloses  no  reference  what- 
ever, to  a  constitutional  right  in  an  individual  State,  to  arrest 
by  force,  the  operation  of  a  law  of  the  United  States."  "It  is 
worthy  of  remark,"  he  observes,  "and  explanatory  of  the 
intentions  of  the  legislature,  that  the  words,  ^not  law,  hut 
utterly  null  and  void,  and  of  no  force  and  effect,''  which  had 
followed  in  one  of  the  resolutions,  the  word  unconstitutional, 
were  struck  out  by  common  consent.''''  This  is  unexceptionable 
testimony  for  the  intentions  of  Virginia;  coming,  as  it  does, 
from  one  of  the  purest  political  patriarchs,  who  was  intimately 
conversant  with  the  history  of  these  transactions,  now  so  unex- 
pectedly brought  under  the  public  scrutiny.  It  will,  however, 
be  observed,  that  the  language  of  Mr.  Breckenridge  in  the 
Kentucky  legislature,  was  unequivocally  in  favor  of  passing 
a  law  to  "nullify  the  acts  of  Congress,  and  protect  their  citizens 
from  their  operation." 

On  these  resolutions  being  laid  before  the  legislature  of  the 
other  States,  counter  resolutions  were  adopted,  accompanied  by 
counter  reports,  which  it  is  believed,  in  the  instance  of  Massa- 
chusetts, was  expressed  with  much  asperity.  These  produced 
the  celebrated  defence  of  the  resolutions  on  the  part  of  Virginia, 
.by  Mr.  Madison.  This  has  hitherto  been  deemed  the  very 
shiboleth  and  infallible  test  of  immaculate  republican  faith,  on 
the  points  involved  within  their  scope;  hov/  justly  may  here- 
after appear.  In  Kentucky,  upon  the  re-assembling  of  the 
legislature,  on  the  Mth  of  November,  1799,  the  first  resolutions 
expressive  of  the  sense  of  Kentucky,  were  passed  by  the  house. 
In  the  Senate,  Mr.  John  Pope  attempted  to  amend  them  in  their 

•  Letter  to  Mr.  Everett,  Book  of  tlie  Constitution,  p.  87. 


HISTORY   OF   KENTUCKY.  289 

most  obnoxious  passage,  by  moving  to  strike  out  the  words, 
"that  a  nullification  by  (hose  sovereignties,  (meaning  the  indi- 
vidual States,)  of  all  unauthorized  acts  done  under  color  of  that 
instrument,  (meaning  the  constitution  of  the  United  States,)  is 
the  rightful  remedy,^''  and  inserting  the,  words,  "iAe  right  of  re- 
monstrating and  protesting  against  such  laws  belonged  to  the 
States."  With  this  amendment,  the  resolution  would  have  read : 
"That  the  several  states  who  formed  that  instrument,  being 
sovereign  and  independent,  have  the  unqucstionabie  right  to 
judge  of  its  infraction,  and  tlie  right  of  remonstrating  and  pro- 
testing against  such  law,  belonged  to  the  States'''^  The  amend- 
ment was  carried  in  committee,  but  it  was  rejected  by  a  majority 
of  one,  when  the  committee  returned  into  the  house,  and  the 
words  moved  to  be  stricken  out  by  Mr.  Pope,  were  retained. 
The  resolutions  were  approved  by  Gov.  Garrard,  and  the  theory 
of  nullification  was  fixed  on  Kentucky.  But  its  practical  exe- 
cution v.as  far  from  being  approved;  so  much  so,  that  when 
an  attempt  was  made  to  convert  the  fire  of  the  resolutions  into 
an  act  !o  protect  the  citizens  of  this  Commonwealth  from  the 
operation  of  the  alien  and  sedition  laws,  by  attaching  penalties 
for  any  attempt  to  enforce  them;  the  bill  received  its  death  blow 
in  Kentucky,  never,  we  trust,  to  rise  from  its  polluted  tomb, 
until  revolution  shall  again  become  the  only  resource,  for  pre- 
serving the  liberty  and  happiness  of  the  Commonwealth. 

This  sketch  would  be  imperfect,  if  it  did  not  record  the  death, 
as  it  is  most  devoutly  hoped,  of  this  false,  dangerous,  and  uncon- 
stitutional doctrine,  and  its  solemn  disavowal  by  the  constituted 
authorities  of  Kentucky,  in  their  resolutions  approved  by  the 
Governor,*  February  2d,  1833. 

The  essence  of  these  resolutions  is  contained  in  the  following 
extract:  "That  so  long  as  the  present  constitution  remains 
unaltered,  the  legislative  enactments  of  the  constituted  authori- 
ties of  the  United  States  can  only  be  repealed  by  the  authorities 
that  made  them ;  and  if  not  repealed,  can  in  no  wise  be  finally 

»  It  is  due  to  the  memory  of  the  late  amiable  and  worthy  Gov.  Breathitt,  to  mention 
his  particular  desire  expressed  to  the  author,  that  he  would  record  the  solemn  protest  of 
Kentucky,  against  this  doctrine,  so  fatal  in  its  tendencies  to  the  peace  and  happiness  ofthii 
great  and  glorious  republic, 

2B 


290  HISTORY   OF   KENTUCKY. 

and  authoritatively  abrogated  or  annulled,  than  by  the  sentence 
of  the  Federal  Judiciary,  declaring  their  unconstitutionality;  that 
those  enactments,  subject  only  to  be  so  repealed  or  declared 
null,  and  treaties  made  by  the  United  States,  are  supreme  laws 
of  the  land ;  that  no  State  of  this  Union,  has  any  constitutional 
right  or  power  to  nullify  any  such  enactment  or  treaty,  or  to 
contravene  them,  or  obstruct  their  execution;  that  it  is  the  duty 
of  the  President  of  the  United  States,  a  bounden,  solemn  duty 
to  take  care  that  these  enactments  and  treaties  be  faithfully 
executed, observed  and  fulfilled;  and  we  receive  with  unfeigned 
and  cordial  approbation,  the  pledge  which  the  President  has 
given  to  the  nation  in  his  late  proclamation,  that  he  will  perform 
this  high  and  solemn  dut)%" 


CHAPTER  XVII. 


Convention  of  1799— Essential  alterations  of  tin."  o'li  Constitution— New  Constitution- 
Spirit  of  the  Laws  from  Marshall — State  of  the  Kentucky  Itiver — New  government  of 
Kenlurky— C'lianses  in  the  slate  6f  society— Coininerciai  dirtirulties-Klectionof  Presi- 
dent JeTerson— Joy  of  Kentucky — Repeal  of  tlie  Circuit  courts  of  the  United  States, 
and  of  the  internal  taxes — Insurance  Company — Circuit  court  system. 

No  measure  of  im[xjrtance  suggests  itself  to  the  author,  at 
this  stage  of  his  history,  v/ithout  digressing  beyond  any  neces- 
sity, into  the  narrative  of  national  affairs,  too  often  forced  upon 
the  early  story  of  Kentucky;  excepting  tlie  convention  for 
framing  a  new  constitution,  in  the  7th  year  of  the  old  one. 

This  .body  a.«scn)bled  on  the  22(1  of  July,  1799;  it  was 
organized  by  the  same  number  of  representatives,  which  the 
counties  w^ere  entitled  to  in  the  election  of  the  House  of 
Representatives,  and  elected  by  the  ordinary  voters;  but  the 
duration  of  the  body  was  liinited  to  four  months.  It  pro- 
ceeded to  business  by  choosing  Alexander  S.  Bullitt,  a  mem- 
ber from  the  county  of  Jefferson  for  its  president,  and  Thomas 
Todd,   the   veteran   clerk   of  Kentucky,   as   its   clerk. 

No  report  of  the  debates  of  this  body,  is  known  to  exist; 
although  proposals  for  taking  and  publishing  them,  are  con- 


HISTORY   OF   KENTUCKY.  291 

tamed   in   the   newspapers  of  the   day.     The   various   points 
of  division   can  not   therefore   be   stated;   but  as  a  substitute 
for   this  narration,  a  brief  analysis  of  the   important  ahera- 
tions   in   the    government   by   the   new   constitution,   will   be 
offered.     The  first  radical  change  is,  the  constitution   of  the 
Senate    and    Executive;    the    former    of    which    instead    of 
being   elected  by  a  college  of  electors,  is  distributed  among 
a  certain  number  of  senatorial  districts,  not  less  than  twenty- 
four,  and  an  additional  senator  to  be   chcsen  for  every  three 
representatives,  which  shall  be  elected  above  fifty-eight.     One 
fourth  of  this  body  is  renewed  every  year,  so  that  after  the 
first  three  years,  the  senators  hold  their  otfices  for  four  years. 
The  Governor  instead  of  being  elected  by  the  same   col- 
lege of  electors  as   the    Senate,  is  chosen  every  four   years 
by   the   voters  directly;   but  instead  of  possessing  the  effec- 
tual negative  of  the  old  constitution,  he  is  overruled  on  dis- 
approving  a   law   by  a   simple  majority  of  all  the  members 
elected.     Tlius  is  the  executive   respongibility  swallowed  up 
by  the  legislature,  and  the  representative  of  the  whole  com- 
monwealth,  is   scarcely   capable   of  exercising   any   eflectual 
check  in  behalf  of  the  people,  over  the  errors  or  the  mistakes 
incident  to  all   popular   bodies;    and   which   are   so   usefully 
subjected   to  the   re-examination   of  the   community,  as  well 
as  to  that  of  their  representatives,  by  tin  ellicient  veto.     At 
present   the   executive   veto  is  calculated   to   bring    that   de- 
partment of  the  government  into  contempt,  by  its  imperfect 
powers   of  withstanding   the   moral   force   and   the   esprit  du 
corps,   so  characteristic  of   popular   bodies.     The   patronage, 
which  the    Governor   possesses   in  so  simple  and  economical 
a  community,  furnishes  a  very  confined  and  indirect  influence. 
Most   of  the   oflices   within   his   gift  are   irremovable   at   his 
pleasure.     With    these    two   essential    alterations,   the    latter 
most  indubitably   for    the   worse,    the    new   constitution   was 
reported  after  the  labors  of  twenty-seven-  days,  on  the   17th 
of  August.     It  declared  the  former  frame  of  government  to 
be   in   force-  until   the    ^st  of  June,    1800;   when    the    new 
fundamental   law   of  the   State   was   to  go   into  operation. 


292  HISTORY   OF  KENTUCKY. 

It  is,  the  author  thinks,  a  matter  of  regret,  that  altera- 
tions of  our  constitution,  should  not  be  authorized  to  be 
submitted  by  the  ordinary  legislature  whenever  two-thirds, 
or  other  number  beyond  a  bare  majority,  should  think  them 
necessary:  without  prohibiting  the  assemblage  of  a  conven- 
tion, whenever  substantially  and  unequivocally  required  by 
the  people.  A  provision  like  the  above,  such  as  is  intro- 
duced into  the  constitution  of  the  United  States,  is  so  well 
designed  to  save  the  community,  from  the  hazard  of  sub- 
mitting the  whole  frame  of  its  fundamental  law,  to  the 
ordeal,  often  so  dangerous,  of  an  unlimited  convention.  In- 
deed no  sound  and  discreet  community,  should  suffer  itself 
to  be  cajoled  or  terrified  into  so  perilous  a  political  lottery, 
until  the  defects  and  mischiefs  of  the  existing  government; 
as  well  as  their  remedies  are  clearly,  precisely,  and  gen- 
erally  stated   and   discussed. 

This  session  closed  the  legislature  functions  under  the 
old  constitution;  after  having  added  si.x  hundred  and  lifly 
laws  to  the  statute  book  in  eight  years,  rather  more  than 
eighty  per  annum.  "Occasional  observations  having  been 
made,  with  a  view  to  convey  an  idea  to  the  reader,  of 
the  character  of  the  session  acts,  nothing  more  of  the 
kind  will  be  added  here.  Whovever  attends  to  the  subject? 
will  be  struck  with  the  frequent  changes  in  the  courts,  and 
in  the  execution  laws;  which,  if  it  were  possible,  should 
be  fixed  and  immutable.  The  observer  of  the  legislative 
course  under  the  constitution,  can  but  be  equally  afTected, 
by  the  frequent  ocurrence  of  acts  which  violate  private  rights 
to  real  property,  as  well  by  their  retro-active  effects,  as  by 
vesting  power  in  one  or  another,  to  sell  lands  belonging 
to  infants,  as  well  as  those  of  adults,  without  their  consent. 
Relief,  also,  of  one  kind  or  other,  either  to  private  individ- 
uals who  should  have  been  left  to  seek  it  in  a  court  of 
law,  or  equity;  or  to  public  functionaries,  who  had  violated 
the  laws,  and  ran  to  the  legislature  to  cover  their  igno- 
rance or  design  from  the  consequences,  by  legalizing  what 
was    illegally   done,    makes    a    figure   in   the   code;   besides 


HISTORY   OF   KENTUCKY.  293 

those  acts  of  direct  interference  between  creditor  and 
debtor,  by  means  of  replevy,  and  otherwise:  which  taken 
together  as  a  body  of  evidence,  goes  to  prove  great  defects 
in  the  poHtical  morality  of  the  law  makers,  and  separately, 
furnishes  precedents  for  every  species  of  irregular  and  in- 
correct legislation.  Not  that  there  are  no  good  lawsj  there 
are  certainly  many;  for  at  different  times,  different  moral 
and  political  feeling  have  prevailed:  but  so  predominant 
has  been  the  disposition  to  change,  that  but  few  acts  have 
escaped   its   ignorance,   its   love,   its  rage,  or   its   malice." 

Such  are  the  free  criticisms  of  a  scrutinizing  observer 
of  our  laws.*  The  author  does  not  pretend  to  sit  in  judg- 
ment upon  a  body  of  legislation,  which  neither  his  learning 
, nor  his  experience  qualifies  him  to  perform:  yet  he  has  seen 
much  within  his  own  circumscribed  sphere  of  remark,  to  justify 
this  reproof  of  an  experienced  statesman.  It  is  republished 
and  commended  to  the  attention  of  our  future  legislators,  in 
the  fond  hope,  that  where  the  reproach  upon  our  government 
is  merited,  they  will  exert  themselves,  until  it  is  utterly  re- 
moved from  the  proud  escutcheon  of  Kentucky. 

During  the  session  just  recounted,!  a  survey  of  the  Kentucky 
river,  from  Frankfort  to  its  mouth,  by  Martin  Hawkins,  was 
communicated  to  the  legislature.  It  exhibited  a  fall  of  forty-nine 
feet  and  four  inches,  in  an  extent  of  four  thousand  five  hundred 
and  fifty  yards;  broken  into  eighteen  different  falls  of  unequal 
length.  An  estimate  of  the  expense  necessary  to  make  each  of 
them  navigable,  amounted  to  nine  hundred  and  twenty  dollars. 
At  the  same  time  it  was  suggested  that  ten  thousand  dollars 
would  remove  all  obstructions  to  the  navigation  of  the  river, 
throughout  its  whole  extent:  and  that  there  were  persons  ready 
to  undertake  the  work,  at  a  thousand  dollars  a  year,  and  receive 
their  pay  in  land,  at  fifty  dollars  a  hundred  acres.  These  pro- 
posals, tempting  as  they  appear  at  this  day,  and  particularly 
when  tlie  ])ublic  lands  of  the  State  have  been  sold  from  forty 
to  twenty  dollars  per  hundred  acres,  were  rejected. 

On  the  first  day  of  June,  1800,  the  new  constitution  went 

*  Uumplircy  Marshall,  Esq.  t  Marshall  2, 317.     . 

'2B* 


294  HISTORY    OP   KENTUCKY. 

into  operation,  "without  even  an  emotion,  much  less  commo- 
tion," as  it  has  been  rather  quaintly  remarked.  It  is  at  least 
evidence  of  a  cbntented  state  of  society,  free  from  the  agita- 
tions, which  have  so  frequently  and  so  painfully  convulsed 
the  State,  and  destroyed  the  harmony  of  its  social  intercourse. 
No  better  evidence  of  the  public  tranquillity  can  be  given, 
than  that  the  same  Governor,  who  had  presided  over  the  Com- 
monwealth under  the  old  constitution,  received  the  suffrages 
of  the  people  for  the  same  office,  under  the  new  frame  of  gov- 
ernment. James  Garrard  was  chosen  Governor,  and  Alexan- 
der S.  Bullitt,  the  old  and  respected  President  of  the  Senate, 
and  of  the  convention,  was  elected  Lieutenant  Governor;  an 
office  which  did  not  literally  exist  under  the  former  constitu- 
tion; though  its  provisional  duty  was  to  be  discharged  by  the 
Speaker  of  the  Senate,  which  is  the  only  extraordinary  duty 
of  the  existing  Lieutenant  Governor. 

It  has  been  remarked,  that  about  this  time  the  changes  in 
the  wealth  and  property  of  society  in  Kentucky  began  to  be 
more  strikingly  obvious.  The  distance  between  the  extremes 
of  property  became  more  marked.  Such  are  the  inevitable 
operations  of  unequal  exertions,  talents,  and  opportunities  in 
any  community;  where  industry  and  enterprise  are,  as  they 
ought  to  be,  free  to  exert  themselves,  and  where  they  are  secured 
in  their  acquisitions,  when  they  have  made  themi  Nor  can  there 
be  a  doctrine  more  fatal  to  the  prosperity  of  well  ordered  society, 
than  any  outcry  of  aristocracy,  which,  under  a  false  and  pre- 
tended denunciation  of  wealth,  whether  directly  or  indirectly 
the  reward  of  merit,  undermines  the  security  and  the  reputa- 
bleness  of  property,  which  are  the  very  roots  of  the  greatest 
social  blessings.  No  person  is  readier  than  the  author,  to  dis- 
dain and  despise  the  airs  and  liberties  of  the  merely  purse- 
proud;  yet  the  proper  object  of  contempt  is,  not  the  property, 
or  its  fruits,  which  they  possess.  They  are  consecrated  by  the 
laws  and  the  eternal  interests  of  civilized  society,  of  which 
they  form  the  life  and  value.  But  the  true  point  of  indignation, 
and  the  just  mark  of  scorn  is,  the  littleness  of  soul,  which 
estimates  man,  who  ought  to  be  the  rich  epitome  of  mind  and 


HISTORY    OF    KENTUCKV.  295 

of  virtues,  below  the  money  which  he  may,  or  may  not  have 
procured.  The  hue  and  cry  of  aristocracy  against  the  re- 
wards of  industrious  enterprise,  or  its  descendants,  ought  to 
be  suspected  and  frowned  upon  by  an  orderly  and  an  intelli- 
gent people,  who  wish  to  preserve  the  foundations  of  the  social 
fabric  uninjured ;  and  to  maintain  that  decent  and  temperate 
love  of  property,  without  which,  liberty  would  have  little  to 
struggle  for,  and  less  to  enjoy.  Yet  the  badge  of  aristocrat, 
which  so  easily  fastens  to  a  prosperous  man,  not  too  courteous 
in  his  manners,  or  remarkable  for  his  conciliatory  demeanor, 
soon  consigns  him  to  perpetual  obscurity;  it  is  the  ostracism  of 
Kentucky,  perhaps  of  the  United  States,  without  any  removal 
from  the  soil. 

Difficulties  now  began  to  be  felt  in  the  want  of  a  circulating 
medium,  and  the  inadequacy  of  the  exports  of  the  State,  to 
pay  for  its  imports.  Frequent  as  those  complaints  used  to  be  in 
Kentucky,  owing  to  her  interior  situation  so  remote  from  the  mar- 
ket of  her  consumer,  as  well  as  from  the  supplies  of  her  own 
consumption;  they  now  ascended  from  the  circles  of  private  con- 
versation into  the  grave  communications  of  the  executive  magis- 
trate to  the  legislature  of  the  State.  In  the  speech  of  the  Gov- 
ernor, at  the  opening  of  the  session  of  1800,  after  complaining  of 
the  deficiencies  in  the  public  revenue,  the  governor  attributes 
them  and  the  public  condition  "almost  destitute  of  specie,'^''  "to 
our  local  situation,  but  more  especially  to  the  nature  and  system 
of  our  trade."  The  remedies  which  he  suggests  for  these 
evils  will  appear  strange  in  this  day  of  more  enlightened 
political  economy.  "Nor  can  I,"  says  the  Governor,  "discern 
any  probable  prospect  of  a  change  for  the  better,  until  our 
dependence  on  other  countries  is  lessened,  and  until  we  supply 
those  wants,  which  are  indispensable,  through  channels,  which 
will  admit  of  an  exchange  of  commodities,  mutually  advan- 
tageous to  the  parties."  In  another  passage  he  says,  "Policy 
and  interest  therefore  invite  us  to  turn  our  commercial  views 
to  this  channel,"  meaning  that  of  the  Ohio,  Mississippi,  and 
their  tributary  streams.  For  this  purpose,  the  Governor  sug- 
gests the  importance  of  "giving  premiums  on  importations  by 


296  HISTORY   OF   KENTUCKY. 

the  way  of  the  Mississippi,  as  would  at  least  call  their   atten- 
tion," that  is,  the  attention  of  the  merchants,  "to  that  essential 
channel  of  our  foreign  intercourse."     The  object  was  patriotic, 
the  means  of  effecting  it,  any  thing  but  wise  or  effectual.     The 
main  source  of  domestic  embarrassment,  was  excessive  con- 
sumption of  foreign  goods  beyond  the  effectual  demand;  that  is, 
the  means  to  pay  for  them.     Whether  this  merchandise  had 
come  by  the  way  of  New   Orleans,   or  of  Philadelphia,  the 
domestic  means  of  payment  in  Kentucky,  must  have  been  the 
same.     A  mere  change  in  the  channel  of  trade,   without  an 
increase  of  its  profits,  would  have  added  no  greater  ability  to 
the  consumer  of  foreign  goods  to  pay   for  them.     A   million 
of  dollars  invested  in  the  produce  of  Kentucky,  which  might 
be  exchanged  in  the  ports  of  Louisiana,  would  have  given  no 
more  additional  resources  to  Kentucky,  than  if  the  same  pro- 
duce had  been  sold  in  Kew  Orleans,  and  its  proceeds  converted 
into  the  merchandise  of  New   York   or   Philadelphia.     Could 
the  investment  have  been   more   profitably   made   under  the 
imperfect  navigation  of  the  time,  at   New   Orleans,   than   in 
Philadelphia,  the  western  merchant  would  have  had  a  higher 
inducement,  and  a  more  powerful  motive  to  effect  it,  than  any 
legislative  premiums  which  Kentucky  could  offer  him.     Eagle- 
eyed  interest  may  be  much  more  securely  relied  upon  to  keep 
awake,  and  to  watch  over  its  own  welfare,  than  the  most  be- 
nevolent sages,  that  ever  attempted  the  mischievous  and  im- 
practicable task  of  aiding  or  superseding  its  vigilant  offices. 

Connected  with  these  mistaken  visions  about  our  trade,  was 
another  error,  which  long  haunted  the  public  mind,  and  was, 
indeed,  at  the  bottom  of  the  former  dissatisfaction.  It  was  the 
drain  of  specie  by  our  eastern  trade.  This  was  a  topic  of  ani- 
mated and  frequent  denunciation.  In  the  troublesome  and 
dangerous  exportation  of  gold  and  silver,  which  the  merchant 
always  .so  gladly  avoided  whenever  he  could,  the  economists  of 
Kentucky,  like  too  many  in  older  communities,  saw  the  most 
pernicious  subtraction  of  the  public  wealth.  It  has,  indeed, 
taken  lon«r  to  convince  the  cabinets  and  legislatures  of  the 
world,  nor  is  the  work  yet  fully  completed,  that  gold  and  silver, 


HISTORY  OF   KENTUCKY.  297 

however  truly  valuable  in  themselves,  are  only  so,  for  commer- 
cial purposes, — to  effect  the  exchanges  of  society  by  measuring 
their  value,  and  by  intrinsic  value  to  avoid  the  clumsy  processes 
of  circuitous  barter.  They  come  and  go  with  all  the  valuables 
in  the  markets  of  the  commercial  world,  which  they  so  conve- 
niently represent;  and  they  are  to  be  procured  whenever  and 
wherever  a  fair  equivalent  in  market  can  be  offered  for  them. 
No  community  need  concern  itself  more  with  the  supply  of  its 
gold  and  silver,  than  with  its  iron  ware,  (to  use  the  illustration 
of  the  great  master  of  political  economy,*)  or  any  other  of  its 
demands. 

To  be  able  to  buy,  or,  in  other  words,  to  give  an  equivalent 
in  market,  is  alone  sufficient  to  obtain  a  supply  under  ordinary 
circumstances  of  trade.  Let  the  laws  compel  the  payment  of 
all  debts  by  honest  and  fair  equivalents  in  gold  and  silver;  and 
private  interest  will  relieve  the  legislator  from  all  his  superflu- 
ous apprehensions  about  the  supply  of  money,  which  he  can 
only  gratify  by  disregarding  the  natural  laws  of  trade  and  of 
social  intercourse. 

No  other  event  occurs,  particularly  interesting,  until  the 
year  1800;  when  the  election  for  the  fourth  presidency  came 
on.  The  principal  antagonists  were,  the  then  incumbent, 
the  elder  Adams,  and  Thomas  Jefferson,  the  respective  favor- 
ites of  the  two  great  opposing  parties  of  federalists  and  republi- 
cans, in  the  temporary  and  party  sense  of  those  exalted  names. 
These  denominations  were  synonymous  with  the  advocates,  and 
opponents,  of  the  administration  of  President  Adams.  In  Ken- 
tucky the  latter  were  the  great  mass  of  the  people  with  singular 
unanimity;  they  supported  Mr.  Jefferson  with  enthusiasm.  The 
times  were  those  of  high  wrought  excitement;  and  the  respec- 
tive merits  of  France  and  of  England  were,  on  everj^  occasion, 
interfering  with  the  affections  and  the  duties  of  Americans  to 
their  own  country.  Long  since,  these  foreign  partialities  have, 
most  happily  for  our  countrymen,  become  absorbed  in  their  own 
national  attachments:  never,  it  is  most  fervently  hoped,  will 
they  be  revived,  to  disgrace  and  to  injure  this  republic.     The 

•  Smitb'i  Wealth  of  Nations. 


298  HISTORY   OF   KENTUCKY. 

plurality  of  the  electoral  votes  was  in  favor  of  Messrs.  Jefferson 
and  Burr;  and  after  a  convulsive  struggle  of  parties,  which  threa- 
tened to  suspend  the  constitution,  or  involve  the  country  in  civil 
war,  a  majority  was  given  to  Mr.  Jefferson  for  President,  to  the 
most  lively  delight  of  his  friends.  American  feelings  were,  on 
this  occasion,  transported  to  an  extravagance  of  sensibility, 
which  is  generally  deemed  more  characteristic  of  the  ^uth  of 
Europe,  than  of  the  stock  of  grave  and  staid  old  England.  No 
part  of  the  United  States  partook  of  these  feelings  of  animated 
joy  more  deeply  than  Kentucky.  Her  character  has  ever  been 
impetuous  and  ardent;  and  when  her  favorite  statesman  was 
at  length  elevated  to  the  chief  magistracy,  of  the  republic,  her 
sensibilities  gushed  over  with  a  fervor  more  allied  to  religious 
devotion,  than  to  political  joy. 

Some  peculiar  circumstances  contribvited  to  this  excessive 
triumph.  Mr.  Jefferson  was  a  Virginian;  and  the  Kentuckians 
had  generally  been  Virginians.  The  new  President  had  been 
the  Governor  of  Virginia  when  it  included  Kentucky;  he  had 
ever  been  viewed  as  the  decided  friend  of  the  western  country; 
and  he  possessed  the  more  mystical  fafne  of  a  philosopher. 

The  first  measures  of  President  Jefi'erson's  administration, 
which  bore  immediately  on  Kentucky,  w,cre,  the  repeal  of  the 
Circuit  court  system  of  the  United  States,  and  of  the  internal 
taxes. 

No  measure  of  the  presidency  was  canvassed  with  greater 
ability  and  zeal,  than  this  judiciary  repeal;  none  trenched,  in 
the  opinion  of  able  .constitutional  expositors,  so  palpably  on  the 
tenure  of  judicial  office.  Instead  of  this  being  during  good 
behavior,  aS  provided  by  the  constitution,  it  became  dependent 
upon  the  legislative  existence  of  the  oflice,  whatever  the  official 
behavior  might  be.  This  construction  sanctions  the  inconsis- 
tency, that  a  bare  majority  may  remove  a  judge  from  office  by 
repealing  his  oflice,  although  a  majority  of  two  thirds  is  required 
to  remove  him  from  that  office  for  misbehavior.  The  country 
at  large,  and  particularly  Kentucky,  have  settled  on  the  con- 
stitutional construction,  which  places  the  courts,  with  their 
judges,  which  arc  inferior  to  the  Supreme  court,  at  the  discre- 


HISTORY   OF  KENTUCKY,  299 

tion  of  the  legislature ;  but  reserves  the  Supreme  court,  with  its 
judges,  as  independent  of  ordinary  authority. 

The  law  establishing  a  United  States'  Circuit  court  for  Ken- 
tucky was  repealed ;  and  Judge  M'Ciung  was  also  repealed  out 
of  office,  in  company  with  his  judicial  brethren. 

Although  distinct  Circuit  courts  may  have  been  premature  at 
the  time  of  their  creation;  yet,  as  a  system,  it  has  since  been 
urgently  called  for,  particularly  in  the  M'estern  country.  It 
was,  however,  a  most  unhappy  and  illiberal  course  of  policy,  to 
pass  so  radical  a  change  in  the  fundamental  organization  of 
the  government;  at  the  close  of  an  administration,  which  had 
incurred  the  national  displeasure.  This  was  aggravated  by 
filling  all  the  vacancies  with  members  of  the  defeated  party. 
If,  then,  the  judiciary  repeal  were  a  violation  of  the  constitution 
of  the  United  States,  the  federal  party  may  well -be  said  to  have 
prcJvoked  it,  by  their  most  unwarrantable  and  ill  judged  conduct. 
It  ought  to  be  mentioned  in  this  connection,  that  the  opinion 
of  one  of  the  greatest  jurists*  in  the  United  States,  though  not 
expressly  announced,  carries  every  implication,  and  supports 
every  argument,  against  the  legislative  power  over  the  offices 
of  the  judiciary  when  once  established. 

The  repeal  of  the  internal  taxes  relieved  our  interior  aori- 
cultural  country,  ill  able  to  command  specie,  from  much  irri- 
tating interference  of  excise  officers;  whose  salaries  in  an 
extensive  country  like  this  Union,  form  a  great  drawback  from 
the  product  of  such  taxes  to  the  nationa,l  treasury,  and  con- 
tributed much,  to  augment  the  patronage  and  influence  of  the 
Federal  Executive.  In  thus  relinquishing  the  favorite  spoils 
of  most  popular  favorites,  Mr.  Jefferson  showed  a  magnanimitv, 
and  a  disinterestedness,  worthy  of  the  highest  commendation. 
Executive  power  requires  to  be  sleeplessly  watched. 

The  introduction  of  banking  into  this  agricultural  Slate,  next 
calls  for  attention;  a  system  of  legislation,  which,  as  it  has 
been  pursued,  has  been  productive  of  the  most  fearful  mis- 
chiefs;  and  no  where  more   deplorably,   than   in   this   State. 

*  Jiulse  ^torjr,  in  his  most  dignified  and  able  Commentary  on  the  Conitilution  of  the 
United  States,  sections  831, 832. 


300  HISTORY   OP   KKN'TUCKY. 

Yet  it  was  at  first  smuggled  into  Kentucky,  and  by  a  fraud 
upon  her  legislative  understanding,  it  was  foisted  into  the 
Commonwealth.  An  application  was  made  to  the  legislature 
to  incorporate  an  insurance  company,  for  the  purpose  of  in- 
suring the  produce  of  the  State,  on  its  passage  to  market, 
through  the  long  and  perilous  channels  of  the  western  rivers, 
the  petition  was  readily  granted.  But  in  the  charter  of  incor- 
poration, the  company  was  authorized  "to  take  and  give  bills, 
bonds,  and  obligations,  in  the  course  of  their  business;  also 
to  receive  and  pass  them  by  assignment;  and  such  of  t'he 
notes  as  are  payable  to  bearer,  shall  be  negotiable  and  assign- 
able by  delivery.''''  Under  this  pregnant  clause,  the  bills  issued 
by  the  company  were  made  payable  to  bearer;  and  they  be- 
came tantamount  to  bank  bills.  Thus  indirectly  was  a  bank 
forced  upon  our  legislators,  who,  at  that  day,  partook  of  the 
dread  and  antipathy  to  such  monied  instruments,  which  then 
particularly  characterized  the  statesmen  of  Virginia.  Too  soon 
indeed  for  the  solid  and  durable  prosperity  of  both  Kentucky 
and  Virginia,  they  forgot  these  prepossessions. 

This  surreptitious  bank  was  chartered  until  1818,  during 
which  time  it  enjoyed  the  monstrous  monopoly  of  insurance 
under  the  authority  of  Kentucky,  without  any  equivalent  to 
the  State  for  the  surrender  of  its  lejrislative  discretion.  The 
fate  of  this  institution,  which  may  as  well  be  recorded  at  once, 
was  worthy  of  its  birth ;  it  began  in  fraud  and  ended  in  bank- 
ruptcy. 

At  this  session  took  place  the  third  radical  change  in  the 
ordinary  courts  of  the  State.  Tiie  District  courts  and  the 
General  court  wore  abolished;  and  Circuit  courts  for  each 
county  were  established  in  their  place.  The  judges  of  the 
former,  like  the  Quarter  Session  justices,  and  the  judges  of  the 
court  of  Oyer  and  Terminer,  of  a  former  period,  acquiesced 
in  following  the  fate  of  their  courts.  To  each  of  the  Circuit 
judges  were  added  two  assistants,  not  learned  in  the  law.  The 
convenience  of  bringing  the  administration  of  justice  home 
to  every  man's  county,  reconciled  the  people  to  this  alteration; 
but  the  retention  of  the  assistants  unlearned  in  the  law,  was 


HISTORY   OP  KENTrCKY.  301 

found,  in  so  many  instances,  to  impede  the  progress  of  business 
by  producing  conflictis  with  the  presiding  judge,  in  overruling 
or  re-arguing  his  decisions,  that  the  judicial  assistants  were, 
at  length,  most  usefully  abolished. 

On  no  subject  of  legislation  have  the  people  of  Kentucky 
suffered  more  egregioOsly,  than  in  the  organization  of  their 
courts.  The  inadequacy  of  judicial  salary  has  kept  the  judges 
not  only  below  the  professional  compensation  of  the  bar ;  but 
in  all  the  wealthy  counties,  below  the  compensation  of  their 
own  clerks.  For  tlie  purjxises  of  emolument,  the  clerkships 
of  the  courts  are  greatly  more  valuable  than  the  salaries  of  the 
judges;  and  are  more  anxiously  sought  after,  as  objects  of  am- 
bition. When  shall  the  community  feel  as  it  ought  to  feel 
on  this  vital  subject  of  government,  that  the  administration  of 
the  law  must  depend  upon  the  character  of  its  administrators? 
The  subliraesl  conceptions  of  the  wisest  and  most  benevolent 
legislators  will  be  misapplied,  in  folly  and  injustice;  when  igno- 
rance and  incapacity  are  called  to  put  them  in  force.  If  the 
people  of  Kentucky  desire  to  have  justice  administered  in  all 
the  light  of  learning  and  wisdom,  amid  their  too  abundant  mat- 
ter of  litigation,  they  must  pay  the  price  for  these  high  and  rare 
endowments,  which  society  has  placed  upon  them  in  other  situ- 
ations; the  same  price  which  is  put  upon  these  qualities,  when 
exercised  for  the  public  service  at  the  bar,  or  in  any  other 
arduous  walk  of  life,  must  be  given  by  the  government.  When 
as  in  England,  and  in  jnany  of  the  elder  States,  the  Bench 
shall  have  been  made  an  object  of  honorable  ambition,  and  a  full 
equivalent  for  high  and  lucrative  practice ;  then  the  judges  will 
be  where  they  ought  to  stand,  at  the  head  of  the  profession;  and 
the  masters,  and  not  as  they  too  often  have  been,  the  puppets 
of  influential  lawyers.  Then  the  liberties  and  the  property  of 
society  will,  with  legislative  respect  for  the  independence  of 
the  courts,  be  placed  on  a  footing  worthy  of  a  free  and  en- 
lightened Commonwealth. 

In  confirmation  of  these  remarks,  the  author  will  subjoin  (he 
following  expressive  picture  of  judicial   administration   under 

2C 


302  HISTORY   OF   KENTUCKY. 

the  first  organization  of  the  circuit  courts,  now  however,  most 
essentially  amended. 

"The  practice  which  ensued  under  this  system,  had  the  effect 
to  retard  business,  and  in  other  respects  proved  pernicious.     If 
the  knowing  judge  happened  to  desire  to  rule  his  right  and 
left  liand  man,  and  they  were  willing  to  be  ruled-  they  sanc- 
tioned his  opinions,  and  matters  went  on  smoothly,  tardy  as 
might  be  their  pace — it   was  rather,  however,  the   cause  of 
despatch.     But  when  the  assistants  conceited  they  knew   as 
much,  or  more,  than  their  president,  they  were  commonly  re- 
fractory, and  kept  him  in  check :  he  being  in  general  a  resi- 
dent in  town,  or  an  itinerant  on  his  circuit,  or   a   lodger  in 
town,  where  the  court  was  held,  could  attend  early,  or  late ; 
vv^hile  his  brother  judges,  residing  in  most  cases  in  the  coun- 
try, remained  at  home  for  breakfast ;  then  came  to  town,  put 
up  their  horses  at  the  tavern,  took  a  round  of  smoking  or  chat- 
ting; then  to  court;  and  if  any  thing  had  been  done,  were  ready 
to  rehear,  and  confirm,  or  reverse  it.     For  it  is  to  be  remem- 
bered, that  the  presiding,  or  "circuit  judge,"  could  hold  court 
in  the  absence  of  his  assistants;  subject,  nevertheless,  to  have 
every  thing  he  did  undone  by  them:  and  which  soon  taught 
him  to  do  nothing  when  they  were  away,  unless  he  had  pre- 
viously obtained  the  control  over  one  of  them  at  least. 

"And  they,  sure  of  their  two  dollars  a  day,  if  their  names 
were  entered  on  the  minute  book,  took  special  care  to  have 
each,  his  own,  entered  at  some  time  in  the  day.  In  the  long 
days  they  did  more — but  again  and  again,  has  the  court  ad- 
journed to  dinner,  before  a  single  jury  cause  was  opened;  and 
probably,  a  common  case,  occupied  the  day.  In  the  populous 
counties,  such  was  the  accumulation  of  business,  and  the  tardi- 
ness of  proceedings,  that  causes  were  years  on  the  docket, 
which,  in  a  correct  course  of  adjudication  should  have  been 
tried  at  the  term  next  after  the  process  was  returned  executed. 
Thus  suitors  were  compelled  to  attend  from  term  to  term,  and 
from  day  to  day,  during  each  term  for  years,  before  they  could 
obtain  a  trial  at  law :  while  the  complainant  in  chancery  was 
still  more  unfortunate,  although  in  general,  the  suits  being 


HISTORY   OF   KENTUCKY.  303 

about  land  titles,  were  the  most  important:  and  demanding 
the  first  attention,  were  put  off  to  the  last.  A  single  statement 
of  a  common  fact,  will  illustrate  this  narrative.  In  these  large 
counties  the  courts,  for  years  did  not  clear  their  dockets ;  while 
it  often  happened,  that  the  causes  set  for  the  first  day,  were 
not  finished  for  two  or  three  days;  and  one  set  for  the  third, 
might  be  taken  up  the  sixth  day,  &c.  &c. :  the  parties  and  wit- 
nesses bound  the  while  to  attendance. 

"Thus  have  the  people  of  Kentucky  been  compelled  to  sue 
for,  seek  after  justice;  and  wait  upon  courts,  often  changed, 
inadequately  filled,  and  frequently  unnecessarily  dilatory,  at 
an  expense  and  loss  of  time,  which  few  other  people  could 
have  afforded;  and  fewer  still,  it  is  probable,  would  have 
borne  without  ascertaining  the  cause  and  correcting  it,  in  this 
legislation;  the  ostensible  source  of  the  evil." 


CHAPTER  XVIII. 


Suspension  of  Deposite  at  New  Orleans — Cession  of  Louisiana  to  France — Louisiana 
Negotiation— Cession  to  the  United  States — Newspaper  Reports  of  Adjudications  in  the 
Court  of  Appeals — Second  Election  of  President.  Jelferson— Colonel  Burr — Spanish 
Difficulties  on  the  Sabine — Return  of  Burr  to  the  West-Trials— Apprehension— Sebas- 
tian's Spanish  Pension-Judsc  Innes -President  Madison— Governor  Scott— Foreign 
Depredations— Embargo— Replevy— Battle  of  Tippecanoe"-Death  of  Daviess. 

In  the  course  of  1802,  the  tranquillity  of  the  whole  western 
country  was  greatly  disturbed  by  the  suspension  of  the  right 
of  deposite  for  American  trade  at  New  Orleans,  which  had 
been  stipulated  by  Spain,  in  the  treaty  of  1795,  for  three  years. 
At  the  same  time,  she  bound  herself  to  furnish  some  "equiva- 
lent establishment  on  another  part  of  the  banks  of  the  Missis- 
sippi," should  that  at  New  Orleans,  on  the  expiration  of  the 
three  years,  be  withheld.  This  act  of  the  Spanish  Intendant, 
Morales,  at  New  Orleans,  and  violation  of  treaty  on  so  sensitive 
a  subject,  as  the  navigation  of  the  Mississippi,  produced  the 
highest  indignation  throughout  the  United  States;  but  in  the 
western  country,  the  public  mind,  in  the  language  of  Mr. 
Jefferson's  letter  to  Mr.  Monroe,  was  thrown  into  a   fever 


304  HISTORY   OP  KENTUCKY. 

"The  excitement  was  redoubled"  when  the  public  heard  of  the 
cession  of  Louisiana  to  France.  These  measures  were  inevi- 
tably coupled  in  the  public  apprehension.  On  the  meeting  of 
Congress  in  1802,  a  vigorous  effort  was  made  in  the  Senate 
of  the  United  States  to  authorize  the  President  to  take  immedi- 
ate possession  of  the  island  of  New  Orleans  and  the  adjacent 
territories.  This  was  however  lost,  and  the  Executive  instant- 
ly took  measures  to  procure  a  cession  of  New  Orleans^  and  of 
West  and  East  Florida.  To  promote  this  negotiation  Congress, 
at  the  recommendation  of  the  Executive,  appropriated  two 
millions  of  dollars.  Such  were  the  expectations  in  the  United 
States,  when  Mr.  Monroe  was  appointed  Minister  to  France, 
to  enter  on  this  delicate  and  important  negotiation. 

President  Jefferson,  with  a  happy  regard  for  the  public  feel- 
ings, apprized  Governor  Garrard  of  all  his  measures  in  an  affair* 
so  profoundly  interesting  to  Kentucky.  Of  this  sentiment  the 
legislature  most  promptly  informed  the  authorities  of  the  United 
States,  on  the  earliest  news  of  the  occlusion,  as  Mr.  Jefferson 
termed  it,  of  New  Orleans. 

When  Mr.  Monroe  arrived  at  Paris,  he  found  that  the  first 
Consul  of  France,  clearly  foreseeing  the  loss  of  Louisiana,  in 
the  impending  hostilities  with  Great  Britain,  had  determined 
to  sell  this  magnificent  province  to  the  United  States.  He  is 
said  to  have  expressed  himself  in  these  words:  "I  renounce  it 
with  the  greatest  regret.  To  attempt  obstinately  to  retain  it 
would  be  folly."  Thus  decisive  were  tlie  resolutions  of  this 
pre-eminent  military  chief  The  French  negotiator  was 
directed  to  ask  fifty  millions  of  francs,  as  his  ultimatum,  or 
something  less  than  ten  millions  of  dollars;  he  asked  eighty, 
and  Mr.  Livingston,  before  the  arrival  of  Mr.  Monroe,  would 
not  go  beyond  thirty  millions,  or  nearly  six  millions  of  dollars. 
But  when  sober  deliberation  enjoyed  a  few  moments'  respite, 
from  the  astonishment  with  which  the  American  mission  was 
overwhelmed,  at  the  extraordinary  offer  of  an  empire,  when 
they  had  doubted  whether  they  could  obtain  one  of  its  towns, 
the  negotiation  no  longer  faltered  about  terms.    Neither  obscure 

*  Marbois'  Mistory  of  Louisiana,  p.  313. 


HISTORY   OF   KENTUCKY.  305 

boundaries,*  which  no  historical  documents  could  explain,  nor 
fifty  additional  millions  of  francs,  formed  any  obstacle.  On  the 
30th  of  April,  1803,  the  treaties  were  all  signed,  which,  reali- 
zing the  boundaries  of  the  ancient  charters,  granted  by  the  British 
monarchs  to  their  American  colonies,  extended  the  United  States 
"from  sea  to  sea."  By  a  brilliant  negotiation,  and  a  coinci- 
dence of  fortunate  circumstances  in  the  aftairs  of  nations,  that 
only  occur  in  a  series  of  centuries,  Louisiana  was  purchased 
for  fifteen  millions  of  dollars,  or  80,000,000  of  francs ;  and  the 
United  States  enlarged  to  2,000,000  of  square  miles. 

At  this  time,  it  is  curious  to  look  back  at  the  alarm  with 
which  the  re-occupation  of  Louisiana  by  its  ancient  owners, 
excited  throughout  the  United  States.  Yet  it  would  seem,  that 
a  power  so  little  naval,  need  not  have  produced  such  apprehen- 
sion. True,  the  French  would  have  made  a  more  formidable 
neighbor  than  the  indolent  and  unenterprising  Spaniards ;  but 
they  would  by  the  same  reasoning,  have  made  more  valuable 
customers,  and  a  more  profitable  trade  might  have  been  carried 
on  with  Louisiana.  These  speculations  are,  most  happily  for 
the  fortunes  of  America,  superseded  by  the  acquisition  of  the 
country,  which  the  sagacity  of  Bonaparte,  and  the  policy  of 
Jetferson  threw  into  each  others'  hands.  But  had  not  this  un- 
exampled concurrence  of  views  appeared,  in  parties  which 
might  with  every  calculation  of  ordinary  probability,  have  been 
expected  to  conflict  with  one  another;  President  Jefferson  was 
prepared  to  go  to  war  for  the  great  and  solid  interests  of  his 
country.  Pacific  and  attached  to  France,  as  he  was  supposed 
to  be,  he  was  ready  to  unite  our  arms  with  those  of  Great  Britain 
for  this  paramount  object.  Had  the  disposition  of  the  French 
government  appeared  hostile,  in  the  opinion  of  our  ministers, 
they  were  instructed  to  hold  j  "such  communications  with  the 
British  government  as  will  sound  its  dispositions,  and  invite  its 
concurrence  in  the  war." 

In  I  confirmation  of  the  same  views,  the  President  wrote  to 
Mr.  Livingston,  "the  day  that  France  takes  possession  of  New 

*  M.  Marbois  relates,  that  Bonaparte  remarked  on  iliis  point,  "if  an  obscurity  did  not 
already  exist,  it  would,  i^rliaps,  be  good  policy  to  put  one  there." — p.  i86. 
t  Idem.  p.  4-16.  "  I  Idem.  p.  i^J9. 

2C* 


306  HISTORY  OP  KEXTUCKV, 

Orleans,  fixes  the  sentence  which  is  to  restrain  her  for  ever 
within  her  low  water  mark.  It  seals  the  union  of  two  nations 
who,  in  conjunction,  can  maintain  the  possession  of  the  ocean. 
From  that  moment  we  must  marry  ourselves  to  the  British  fleet 
and  nation.  We  must  turn  all  our  attention  to  a  maritime  force, 
for  which  our  resources  place  us  on  very  high  ground;  and 
having  formed  and  connected  together  a  power,  which  may 
render  re-inforcements  of  her  settlements  here  impossible  to 
France,  make  the  first  cannon,  which  shall  be  fired  in  Europe, 
the  signal  for  tearing  up  any  settlement  she  may  have  made, 
and  for  holding  the  two  continents  of  America  in  sequestration 
for  the  common  purposes  of  the  united  British  and  Ameri- 
can nations."  These  far-sighted  and  sagacious  anticipations, 
which  Mr.  Jefferson,  with  his  characteristic  foresight,  was  so 
competent  to  indulge,  were  happily  rendered  unnecessary,  as 
has  been  mentioned  by  this  most  propitious  treaty.  So  "noble 
a  bargain,"  in  the  language  of  Talleyrand,  almost  defies  belief; 
if  it  had  not  with  all  its  splendor  of  event,  have  become  sober 
history.  Congress,  with  unimportant  opposition,  ratified  their 
treaties,  and  thus  sealed  higher  destinies  for  their  country,  than 
had  ever  flashed  across  the  most  sanguine  fancy  of  American 
patriots.  Nor  does  the  experience  of  the  confederacy  so  far 
justify  the  apprehension,  that  the  capacity  of  our  most  admirable 
federation,  is  not  adapted  to  the  great  expansion  provided  by 
the  acquisition  of  Louisiana.  Had  Mr.  Jefferson  effected 
nothing  more  for  his  country,  in  his  exalted  career  of  public 
duty,  it  is  sufficient  to  place  him  and  all  the  companions  of  such 
high  counsels,  in  the  proudest  niche  in  the  American  Pantheon, 
dedicated  to  civil  honors  and  patriot  statesmen. 

On  the  20th  December,  1803,  William  C.  Claiborne,  Gov- 
ernor of  the  Mississippi  Territory,  and  General  Wilkinson  re- 
ceived possession  of  the  province  of  Louisiana,  from  the  French 
commissioner,  M.  Loussat.  Thus  were  new  and  incalculable 
commercial  advantages  opened  to  Kentucky,  in  common  with 
the  whole  country;  advantages,  the  want  of  which,  more 
than  once  seemed  to  threaten  the  stability  of  the  Union.  Now 
a  career  of  every  kind  of  profitable  exchange,  unobstructed 


HISTORY   OF   KENTUCKY.  307 

by  a  foreign  power,  from  the  heads  of  the  Ohio,  the  Mississippi, 
and  the  Missouri,  to  the  ocean,  was  laid  open  to  the  industry, 
and  the  enterprise  of  the  west.  Under  the  smiles  of  this 
golden  commerce,  aided  by  the  mighty  powers  of  Fulton's 
almost  magic  invention,  the  wilderness  is  indeed  blossoming  as 
the  rose,  and  countless  regions,  and  innumerable  millions  are 
subjecting  to  the  mild  and  glorious  sway  of  religion,  liberty 
and  learning. 

How  fearful  is  the  moral  responsibility  of  our  countrymen, 
lavishly  endowed  as  they  are,  with  the  bounties  of  Divine 
Providence;  that  they  execute  the  high  trust  confided  to  them, 
for  the  good  of  mankind,  in  faith  and  in  honesty !  How  bitter 
will  be  the  maledictions  of  future  generations,  if  they  shall 
pervert  these  fair  and  lovely  benefactions  of  Divine  goodness, 
and  thus  deprive  posterity  of  their  just  and  rightful  expecta- 
tions! It  behooves  every  American,  and  more  imperatively 
every  inhabitant  of  this  most  highly  favored  west,  that  he 
should  be  deeply  impressed  with  the  great  obligations  he  owes 
to  futurity;  to  transmit  the  noble  legacy  of  our  freedom,  and 
its  glorious  fruits  unimpaired;  and  rather  enriched  by  our 
efforts  to  increase  the  social  happiness,  and  continue  the 
improvernent  for  long  enduring  ages. 

The  year  1803,  is  commemorated  by  the  first  public  ser- 
vices of  Henry  Clay,  in  the  government  of  the  State.  The 
history  of  the  commonwealth  owes  her  tribute  of  honor  to  one, 
whose  discharge  of  the  highest  political  trusts  of  the  republic 
have  since  enrolled  his  name,  indelibly  among  her  first  and 
most  honored  statesmen. 

An  ardent  love  of  liberty,  high  intellect,  and  an  oratory  as 

brilliant  and    impetuous  as  his  spirit  is   free  and  unfettered, 

have  formed  a  halo  of  intellectual  and  moral  glorv  around  the 

.   great  Kentuckian,  as  imperishable  as  the  records  of  patriotism, 

of  talent  and  eloquence  in  any  age. 

The  sphere  of  Mr.  Clay's  activity,  has  generally  been 
above  the  scenes  of  this  history,  yet  his  domestic  services 
often  form  the  subject  of  its  humble  pages.  Kentucky  is, 
indeed,  well  entitled  to  the  honor  of  merits,  exhibited  in  higher 


308  HISTORY   OF  KENTUCKY. 

trusts  than  her  own,  for  which  she  first  selected  this  favorite 
son  of  her  ambition. 

Henry  Clay  was  first  elected  a  member  of  the  House  of 
Representatives  of  Kentucky,  in  the  session  of  1803,  under 
most  flattering  circumstances.*  It  was  during  his  absence  at 
a  watering  place  known  as  the  Olympian  Springs,  in  the  county 
of  Bath,  that  he  was  unexpectedly  brought  forward  as  a  can- 
didate, by  his  friends,  and  elected  triumphantly. 

At  the  gubernatorial  election  of  1804,  Christopher  Greenup 
succeeded  governor  Garrard,  and  he  appointed  John  Rowan, 
since  so  honorably  distinguished  at  the  bar  and  in  the  legisla- 
tive councils  of  his  country,  as  Secretary  of  State. 

In  the  session  acts  of  this  year,  is  one  conferring  a  pension 
on  Clarinda  AUington.  "She  had  been  a  prisoner  with  the 
Cherokee  Indians,  and,  as  she  alleged,  compelled  by  a  chief  to 
marry  him."  This  lady  had  three  children  by  her  marriage, 
when  she  escaped  from  the  Indian  towns,  and  took  refuge  in 
Kentucky.  On  application  to  the  General  Assembly  for  as- 
sistance, she  was  allowed  an  annuity  for  three  years."  This 
is  remarkable  as  the  first  instance  of  a  pension  under  the  gov- 
ernment of  Kentucky. 

An  act  to  incorporate  the  Ohio  Canal  Company  originated  at 
this  time,  although  it  produced  no  effect;  the  promulgation  of 
the  opinions  of  the  court  of  Appeals  was  likewise  provided  for 
at  this  session,  by  directing  the  Clerk  of  the  court  to  furnish 
the  public  printer  with  a  copy  of  them  for  publication.  They 
were  therefore  newspaper  reports  at  first,  though  they  soon 
assumed  a  more  dignified  and  durable  shape. 

On  the  dth  of  March,  1805,  the  second  term  of  Mr.  Jeffer- 
son's presidency  commenced,  after  an  election  of  unanimity, 
unexampled  since  the  government  of  the  groat  Washington. 
Out  of  one  hundred  and  seventy-five  electoral  votes,  he  received 
one  hundred  and  sixty-two.  This  was  the  first  presidential 
election  after  the  amendment  of  the  constitution,  which  re- 
quired the  electors  to  distinguish  the  person  voted  for  as  Presi- 
dent, and  the  one  voted  for  as  Vice  President. 

*  Biography  of  Henry  Clay,  by  George  D.  Prentice,  Esq.— page  25. 


HISTORY   OF   KENTUCKY.  309 

During  the  summer  of  this  year,  Colonel  Burr,  the  late 
Vice  President,  who  by  his  intrigues  of  over-reaching  ambition 
had  lost  the  confidence  of  the  country,  visited  Kentucky;  and 
after  making  some  stay  at  Frankfort,  in  a  retired  manner, 
proceeded  on  his  way  through  all  the  principal  points  of  the 
western  country,  from  St.  Louis  to  New  Orleans.  In  the  en- 
suing August,  Colonel  Burr  returned  to  Lexington,  in  Ken- 
tucky, on  his  way  eastward  of  the  mountains.  The  desperate 
consequences  of  these  visits,  will  appear  in  the  succeeding 
year.  They  may,  without  much  violence,  be  compared  to 
Milton's  immortal  fancy  of  the  visits  of  Lucifer  to  the  newly 
created  Eden ;  before  he  planned  his  machinations  against  the 
parents  of  our  race. 

Among  the  simple  and  eflective  amendments  of  judicial 
proceedings,  for  the  accommodation  of  the  people,  may  be 
ranked  an  act  of  this  session;  "providing  a  summary  mode  of 
recovering  debts  on  bond  or  note."  It  is  usually  termed  the 
petition  and  summons  law.  By  this  law,  a  simple  form  of 
declaration,  in  which  the  note  or  bond  evidencing  the  debt, 
was  to  be  substantially  set  out;  with  an  averment  that  the  debt 
remained  unpaid ;  if  the  note  had  been  assigned,  that  also  was 
to  be  stated,  and  judgment  prayed.  This  was  to  be  lodged 
with  the  clerk  of  the  proper  court;  who  issued  a  summons,  to 
which  he  annexed  a  copy  of  the  complaint,  for  the  defendant, 
which  were  to  be  delivered  ten  days  before  the  court  met;  and 
in  that  case,  judgment  was  to  be  rendered  on  the  third  day  of 
the  court;  unless  it  should  be  suspended  by  good  cause  shown 
to  the  court,  and  an  order  obtained  for  that  purpose :  bail  was, 
however,  not  to  be  taken  under  this  act. 

The  year  1806,  was  one  of  foreign  and  domestic  menace. 
On  the  Sabine,  the  Spanish  forces  had  advanced  to  the  eastern 
side  of  that  stream,  when  General  Wilkinson,  with  his  troops, 
was  ordered  to  repel  them.  While  the  troops  are  left  on  the 
Mexican  frontier,  the  movements  of  Colonel  Burr,  which  sub- 
sequently had  such  an  influence  on  these  military  measures, 
will  be  resumed. 

In  the  summer  of  1806,  this  gentleman,  whose  rapid  and 


310  HISTORY   OF   KENTUCKY. 

mysterious  changes  of  place  seemed  like  the  agitations  of  some 
evil  spirit,  ill  at  peace  with  itself,  again  appeared  in  the  western 
country.  His  head  quarters  seem  to  have  been  the  ill  fated 
mansion  of  Mr.  Blannerhassett,  on  the  island  bearing  his  name, 
in  the  Ohio  river.  Rumours  of  desperate  schemes  and  mad 
enterprises  increased  rapidly  upon  one  another.  Boats  were 
known  to  be  building  in  the  States  of  Kentucky  and  Ohio  in 
considerable  numbers;  provisions  were  contracted  for;  and 
numbers  of  the  young  and  the  ardent,  with  some  of  graver 
character,  were  engaged  in  some  military  expedition,  whose 
character  could  not  be  precisely  ascertained.  Many  asserted 
tliat  the  expedition  was  against  Mexico,  and  was  undertaken 
with  the  connivance,  if  not  with  the  concurrence  of  the  Presi- 
dent of  the  United  States.*  Artifices  to  produce  this  impres- 
sion were  afterwards  known  to  have  been  employed,  to  inveigle 
those  whose  principles  could  not  otherwise  be  overpowered. 
The  difficulties  of  the  United  States  with  Spain  confirmed  the 
above  representations.  These  various  kinds  of  proof  were 
communicated  by  Joseph  H.  Daviess,  the  distinguished  attorney 
for  the  United  States,  to  the  President,  early  in  January  of  this 
year.  They  were  necessarily  limited,  at  that  time,  to  general 
probabilities  and  presumptions;  and  the  President  desired  fur- 
ther particulars,  and  the  names  of  the  persons  concerned  in  the 
unlawful  enterprise. 

It,  indeed,  seems,  that  it  was  not  until  the  communications  of 
Burr,  through  Samuel  Swartwout,  to  Wilkinson,  in  his  camp  at 
Natchitoches,  and  forwarded  to  President  Jefferson;  that  the 
latter  had  exact  intelligence  of  the  plan,  or  the  parties.  This 
letter  was  dated  at  Philadelphia,  on  the  29th  of  July,  1806;  but 
was  not  delivered,  (owing  to  Wilkinson's  rapid  change  of  move- 
ments from  St.  Louis  to  Natchitoches,  where  the  messenger 
followed  him,)  until  the  8th  of  the  ensuing  October.  Still  the 
letter  was  couched  in  such  mystified  and  oljscure  language,  as 
to  bear  no  precise  interpretation,  without  the  verbal  explana- 
tions of  the  bearer,  to  which  Wilkinson  was  referred.  It  an- 
nounced the  enterprise  in  these  dark  terms :   "1  (Aaron  Burr) 

*  Jcflcrson's  Correspondence. 


HISTOEY  OF  KE>"TUCKr.  311 

liave  obtained  funds,  and  have  actually  commenced  the  enter- 
prise. Detachments  from  different  points,  under  different  pre- 
tences, will  rendezvous  on  Ohio,  1st  November — every  thing, 
internal  and  external,  favors  views:  protection  of  England  is 
secured:  T.  (meaning  the  gallant  and  faithful  Truxton,)  is 
going  to  Jamaica,  to  arrange  with  the  admiral  on  that  station; 
it  will  meet  on  the  Miss. — England. — Navy  of  the  U.  S.  are 
ready  to  join,  and  final  orders  are  given  to  my  friends  and  fol- 
lowers: it  will  be  a  host  of  choice  spirits.  Wilkinson  shall  be 
second  to  Burr  only :  Wilkinson  shall  dictate  the  rank  and  pro- 
motion of  his  officers — Burr  will  proceed  westward  1st  August, 
never  to  return."  In  another  part  of  the  letter  he  writes: — 
"Already  are  orders  to  the  contractors  given,  to  forward  six 
months'  provisions  to  points  Wilkinson  may  name :  this  shall 
not  be  used  until  the  last  moment,  and  then  under  proper 
injunctions:  the  project  is  brought  to  the  point  so  long  desired. 
Burr  suaranties  the  result  with  his  life  and  honor,  with  the 
lives,  the  honor,  the  fortunes  of  hundreds,  the  hest  blood  of  our 
country.  Burr's  plan  of  operations  is,  to  move  down  rapidly 
from  the  Falls  on  the  15th  November,  with  the  first  500  or 
1,000  men,  in  light  boats,  now  constructing  for  that  purpose,  to 
be  at  Natchez  between  the  5th  and  15th  December;  there  to 
meet  Wilkinson ;  there  to  determine  whether  it  will  be  expe- 
dient in  the  first  instance  to  seize  on  Baton  Rouge  !"*,  This 
letter  contains  the  most  explicit  details  from  Burr  himself,  in 
writing,  destitute,  as  it  no  doubt  purposely  was  left,  of  clear 
meaning,  independent  of  other  circumstances.  To  General 
Eaton,  however,  in  the  winter  of  1805-6,  "Aaron  Burr  signi- 
fied that  he  was  organizing  a  military  expedition,  to  be  moved 
against  the  Spanish  provinces  on  the  southwestern  frontiers  of 
the  United  States."!  This  was  represented  to  be  "  under  the 
authority  of  the  general  government."  In  additional  conversa- 
tions, he  "laid  open  his  project  of  revolutionizing  the  territory 
west  of  the  Alleghancy,  and  establishing  an  independent  empire 
there:  New  Orleans  to  be  the  capital,  and  he  himself  to  be  the 
chief:  organizing  a  military  force  on  the  waters  of  the  Missis- 

»  Wilkinson's  Memoirs,  2  vol.,  p.  216.  f  Burr's  Trial,  p.  474. 


312  HISTORY  OF   KENXrCKY. 

sippi,  and  carrying  conquest  to  Mexico."  Other  projects  of 
revolutionizing  the  eastern  states,  and  overthrowing  the  popular 
government,  were  likewise  communicated ;  but  they  appear  to 
be  so  extravagant,  as  to  imply  a  state  of  mind  little  short  of 
insanity.  Well  might  Mr.  Jefferson  tell  General  Eaton,  when 
he  communicated  a  project  "of  an  insurrection,  if  not  a  revolu- 
tion, on  the  waters  of  the  Mississippi,"  that  "he  had  too  much 
confidence  in  the  information,  the  integrity,  and  attachment  to 
the  Union,  of  the  citizens  of  that  country,  to  admit  any  appre- 
hensions of  that  kind."  When  the  mind  soberly  reflects  on  the 
intrinsic  impracticability  of  such  a  scheme ;  the  utter  absurdity 
of  supposing  that  the  solid,  sense,  the  high  spirit,  and  devoted- 
ness  to  liberty  in  the  western  country  generally,  or  indeed  in 
any  other  portion  of  this  noble  republic,  could  be  base  and 
degraded  enough  to  enslave  themselves,  to  a  discarded  public 
officer,  like  Aaron  Burr,  with  all  his  mystery  and  intrigue;  it 
seems  too  palpably  absurd  for  admission  into  any  sound  mind. 
These  projects  were  enlarged  upon  in  the  oral  conferences 
between  Mr.  Swartwout  and  General  Wilkinson,  so  as  to  repre- 
sent that  "  Colonel  Burr,  with  the  support  of  a  powerful  asso- 
ciation extending  from  New  York  to  New  Orleans,  was  levying 
an  armed  body  of  7,000  men  from  the  state  of  New  York  and 
thb  western  states  and  territories,  with  a  view  to  cany  an  expe- 
dition Jo  the  Mexican  territories." 

Moreover  this  emissary  stated  to  General  Wilkinson  on 
enquiry,  that  this  territory,  (meaning  it  is  to  be  presumed 
the  territory  of  Louisiana,  where  Swartwout  then  was,) 
would  be  revolutionized,  where  the  people  were  ready  to  join; 
and  that  there  would  be  some  seizing,  he  supposed,  at  New 
Orleans." 

Anterior  to  these  developments.  Burr  as  has  been  inti- 
mated, had  returned  to  Kentucky  in  August,  1800.  Here 
he  cflccfcd  the  negotiation  of  bills  of  exchange,  to  the  amount 
of  $''2r>,000,  throutjli  the  Kentucky  insurance  company;  these 
notes  were  afterw:irds  known  to  have  been  paid  for  tavern 
expenses  at  Washington  city,  by  some  of  the  associates  of 
Burr,  after  the   explosion  of  the  scheme. 


HISTORY   OF   KENTUCKY.  313 

Colonel  Daviess,  after  having  made  the  most  laudable  exer- 
tions to  penetrate  the  mystery  of  Burr's  plans,  even  by  go- 
ing to  St.  Louis,*  where  Wilkinson  was  Governor,  to  scru- 
tinize the  movements  of  the  General;  obtaining  no  instruc- 
tions from  the  Executive,  on  the  meeting  of  the  District  court  of 
the  United  States,  in  November,  1806,  made  oath,  "that  he  was 
informed,  and  did  verily  believe,  that  Aaron  Burr  for  several 
months  past  hath  been,  and  now  is  engaged,  in  preparing 
and  setting  on  foot,  and  in  providing  and  preparing  the  means 
for  a  military  expedition  and  enterprise  within  this  district, 
for  the  purpose  of  descending  the  Ohio  and  Mississippi  there- 
with; and  making  war  upon  the  subjects  of  the  king  of  Spain," 
After  having  read  this  affidavit,  the  attorney  added,  "I  have 
information,  on  which  I  can  rely,  that  all  the  western  ter- 
ritories are  the  next  object  of  the  scheme — and  finally  all 
the  region  of  the  Ohio,  is  calculated,  as  falling  into  the  vor- 
tex of  the  newly   proposed   revolution." 

The  motion  for  process  against  Burr,  was  however  over- 
ruled, as  "unprecedented  and  illegal ;"  yet  the  daring  intriguer 
hearing  of  the  intended  prosecution,  had  the  politic  auda- 
city to  present  himself  before  the  court,  "and  demand  an 
investigation  of  his  conduct,  for  which,"  as  he  said,  "he  was 
always  ready,  and  therefore  had  attended."  The  attorney 
replied  to  this  counterfeit  of  innocence,  that  he  only  wanted 
his  witnesses  to  be  ready  for  trial;  which,  after  conversing 
with  the  marshall,  he  said,  might  be  on  Wednesday,  the  11th 
of  November.  This  day  was  then  appointed  for  the  meeting 
of  a  grand  jury,  and  officers  were  despatched  with  subpoenas 
to  different  parts  of  Kentucky,  as   well   as  of  Indiana. 

On  the  assembly  of  the  court,  upon  the  stated  day,  amidst 
the  most  intense  excitement,  produced  by  the  serious  mag- 
nitude of  the  charge,  and  the  former  dignity  of  the  accu- 
sed; it  was  found,  that  a  material  witness,  Davis  Floyd,  was 
absent,   attending   a  meeting    of  the   Indiana   legif^lature,  of 

♦  Coupled  with  tliis  attempt  of  Colonel  Daviess,  a  pretended  resiKnaiion  of  the  lat- 
ter was  designedly  published  at  Louisville,  in  order  to  decoy  Wilkinson  into  more 
confidence;  but  the  artifice  was  met  by  Wilkinson,  shewinjr  Davieiss  a  letter  from 
Kentucky,  which  disclosed  the  whole  ruse  de  puerre.  Wilkinson  treated  Daviess 
in  lii3  usual  winning  manner,  gave  him  every  information  in  his  power,  and  ex- 
tended every  attention  to  his  distinguished  visitor. 

2D 


314  HISTORY   OF  KENTUCKY. 

which  he  was  a  member.  Upon  this,  the  court  discharged 
the  grand  jury.  Immediately  afterwards,  Burr,  accompanied 
by  his  counsel,  Mr.  Henry  Clay  and  Mr.  John  Allen,  came 
into  court,  and  on  learning  the  dismission  of  the  jury,  gravely 
asked  the  reason,  and  expressed  his  regret  at  the  step.  On 
being  informed  of  the  cause  which  had  led  to  this  result, 
he  desired  that  the  cause  of  the  postponement  should  be  en- 
tered of  record;  and  also  the  reason  of  the  non-attendance 
of  Mr.  Floyd.  This  was  done  with  the  consent  of  Colonel 
Daviess.  The  arch  conspirator  then  addressed  the  people 
through  the  court  by  saying,  that,*  "the  good  people  of  Ken- 
tucky might,  and  he  hoped  they  would,  dismiss  their  fears 
for  the  present;  that  in  fact  there  was  no  ground  for  them, 
whatever  efforts  had  been  made  to  excite  them;  that  he  had  un- 
derstood some  bad  been  made  to  apprehend  that  he  was  pur- 
suing means  inimical  to  their  peace — but  they  were  misin- 
formed, as  they  would  find,  if  Mr.  Attorney  should  ever  get 
ready,  and  open  his  investigation — that  in  the  mean  time, 
they  would  be  in  no  manner  of  danger  from  him;  that  he 
had  to  act  on  the  defensive  only;  that  he  should  expect  an- 
other attack,   and   hold   himself  ready   for  it." 

After  the  information  that  is  now  possessed,  and  which 
has  been  narrated  out  of  the  chronological  order  in  which 
is  was  known,  could  professional  impudence  have  been  car- 
ried to  a  higher  climax?  During  these  proceedings,  the  con- 
duct of  this  adroit  and  most  insinuating  man,  is  represented 
to  have  been  "grave,  polite  and  dignified."  It  required  some- 
thing of  Roman  sternness  to  withstand  the  blandishments  of 
the  winning  and  fascinating  address  of  this  extraordinary 
character.  Those  who  saw  him  presiding  in  the  Senate  of 
the  United  States,  and  most  particularly  during  the  embar- 
rassing trial  of  judge  Chase,  may  estimate  the  graceful  dig- 
nity, the  polished  decision  and  the  silent  firmness,  which 
so   strikingly   characterized   this   modern   Cataline. 

Yet  there  was  more  than  one  man,  beside  the  fearless 
Daviess,  who  had  the  firmness  amidst  the  general  delusion, 

*  Marshall,  vol.  2,  p.  397. 


HISTORY   OP  KENTUCKY. 


315 


to  turn  a  deaf  ear  to  the  syren  song  of  peace  and  of  farming, 
which  was  so  artfully  sung  by   Colonel   Burr.     It  was   John 
Rowan,  then  acting  as  Secretary  of  State  for  Kentucky,  and 
a  member  of  Congress  elect.     He,  at  the  desire  of  Mr.  Burr, 
was  asked  to   engage  in  his   second  defence,   in   conjunction 
with  Mr.  Clay.     Mr.  Rowan   objected   to   it,   on   account  of 
his  late  congressional  election,  which  bound  him  as  he  thought, 
not  to   engage   in   a   controversy,   possibly   involving   fidelity 
to   the   general  government.     Mr.  Clay,  who   had  now   also 
been  elected   a   member  of  Congress,   on  reflection,   concur- 
red in  this   opinion ;  and  asked  the  advice  of  Mr.  J.  Rowan. 
The  latter  candidly  concurred  with  Mr.  Clay,  in  the  impro- 
priety of  retiring  from  his   professional   engagement,   at  the 
existing  stage;  and  suggested  the    expediency   of    requiring 
from   Colonel   Burr,   a   declaration   upon   his   honor,  that  he 
was   ensa^ed   in   no   schemes   hostile   to  the  peace   or  union 
of  the   country.     The   pledge  was  manfully   required,  and  as 
treacherously  and  dishonorably  given. 

The  reply  of  Mr.  Burr,  dated  December  1st,  was,*  "I  have  no 
design,  nor  have  I  taken   any    measure    to  promote  a  disso- 
lution  of  the  Union,   or   a   separation   of  any  one   or  more 
States   from   the   residue.     I   have   neither    published    a  line 
on  this  subject,  nor  has  any  one,  through  my  agency  or  with 
my   knowledge.     I   have   no  design  to  intermeddle  with   the 
government,  or  to  disturb  the  tranquillity  of  the  United  States, 
nor  of  its  territories,  or  any  part  of  them.     I  have  neither 
issued,  nor   signed,  nor    promised  a  commission  to  any   per- 
son, for  any  purpose.     I  do  not  own  a  musket,  nor  bayonet, 
nor  any  single  article  of  military  stores,  nor  does  any  person 
for  me,   by   my  authority,  or  my  knowledge.     My  views  have 
been   explained   to,  and   approved   by,  several   of  the   princi- 
pal ofticcrs   of  government,   and,   I   believe  are   well   under- 
stood  by   the   administration,    and   seen  by   it   with   compla- 
cency;  they   are   such   as   every   man  of  honor    and  every 
good  citizen  must  approve.     Considering  the  high  station  you 
now  fill  in   our  national  councils,   I  have  thought   these   e\- 

*  Prentice's  Biography  of  H.  Clay,  p-  33 


316  HISTORY   OF   KENTUCKY. 

planations  proper,  as  well  to  counteract  the  chimerical  tales, 
which  malevolent  persons  have  industriously  circulated,  as 
to  satisfy  you  that  you  have  not  espoused  the  cause  of  a 
man  in  any  way  unfriendly  to  the  laws,  the  government 
or   the  interests  of  his  country." 

Perfidious  as  these  assurances  were,  they  sheltered  Mr.  Clay 
from  all  animadversion^ on  his  professional  defence  of  Burr. 
On  a  subsequent  occasion,  Mr.  Rowan  had  an  interview  with 
Colonel  Burr,  when  the  latter  attempting  to  remove  some 
objections  which  were  understood  to  be  felt  by  the  former  to 
engaging  in  his  defence,  Mr.  Rowan  arrested  this  strain  of 
remark,  by  observmg,  that  "he  had  been  taught  from  early 
childhood  not  to  reason  on  subjects  which  his  feelings  in  the 
first  instance  condemned."" 

Still,  for  a  time,  was  guilt,  dressed  in  the  trappings  of  former 
dignity,  destined  to  triumph  over  the  zeal  of  Daviess,  which 
might  well  have  been  more  openly  imitated  by  the  President  of 
the  United  States  and  the  Governor  of  Kentucky.  Obscure  as 
the  testimony  might  be,  the  warning  of  a  proclamation  did  not 
require  the  most  precise  intelligence ;  and  yet  its  solemn  voice 
might  have  arrested  the  timid,  confirmed  the  wavering,  and 
animated  the  good  citizen.  .  To  show  how  strong  the  reaction 
of  public  sympathy  was,  owing  to  the  failure  of  these  prema- 
ture, though  patriotic  attempts  to  punish  the  guilty,  the  follow- 
ing paragraph  is  selected  from  the  Palladium,  the  official  paper 
of  that  day:  "Colonel  Burr,  throughout  this  business,  has 
evinced  an  earnest  desire  for  a  full  and  speedy  investigation ; 
free  from  irritation  or  emotion,-  he  excited  the  strongest  sensa- 
tion of  respect  and  friendship  in  the  breast  of  every  person 
present."  On  the  2d  of  December,  another  grand  jury  was 
assembled,  by  order  of  the  District  judge,  at  the  instance  of  the 
attorney  for  the  United  States.  Indictments  were  laid  before 
it  against  John  Adair  and  Aaron  Burr,  for  instituting  unlawful 
expeditions  against  the  dominions  of  the  King  of  Spain;  but  the 
jury,  "having  carefully  examined  and  scrutinized  all  the  testi- 
mony which  has  come  before  them,"  said,  "there  has  been" 
none  "which  does  in  the  smallest  degree  criminate  either  of 


HISTORY   OF   KENTUCKY. 


317 


the  above  persons;  nor  can  we,  from  all  the  enquiries  and 
investigations  on  the  subject,  discover  that  any  thing  improper, 
or  injurious  to  the  interest  of  the  government  of  the  United 
States,  or  contrary  to  the  laws  thereof,  is  designed  or  contem- 
plated by  either  of  them." 

This  decision  of  the  grand  jury  was  received  by  a  burst  of 
applause  from  the  spectators;  so  intense  was  the  popular  sym- 
pathy for  Burr.  Thus  did  the  wily  arts  of  this  consummate 
intriguer  hoodwink,  not  only  confiding  friends,  but  the  judicial 
tribunals  of  the  country;  and  convert  what  should  have  been 
the  instruments  of  his  detection  and  punishmpnt,  into  trumpets 
of  praise  and  vehicles  of  confidence,  in  his  treachery  and  in  his 
treason. 

A  public  ball  was  given  in  honor  of  Burr's  triumph;  which 
provoked  another  in  honor  of  the  Union  and  Colonel  Daviess, 
for  the  consolation  of  the  intrepid  officer. 

While  this  judicial  farce  was  acting  at  Frankfort,  and  that 
unavoidably  too,  after  submitting  the  indictments  to  thp  jury, 
the  President's  proclamation  had  been  issued,  and  was  on  the 
road;  to  arouse  the  people  of  the  western  country  from  the 
stupor  produced  by  the  !Machiavelian  arts  of  the  consummate 
deceiver.     On  the  27th  of  November,  the  proclamation  was 
published:  and  on  the  18th  of  December  was  known  at  Frank- 
fort.    On  the  2d  of  the  same  month,  Governor  Tiffin,  of  Ohio, 
at  the  suggestion  of  Mr.  Graham,  (a  gentleman  deputed  by  the 
President  of  the  United  States   to   investigate  this  desperate 
conspiracy,  and  bring  its  agents  to  punishment,)  submitted  the 
subject  to  the  legislature  of  that  enterprising  State.     This  body, 
with   most   patriotic   promptitude,   passed   an  act  arming  the 
government  with  powers  adequate  to  the  emergencj'.     They 
were  energetically  put  into  execution;   and  a  flotilla  of  ten 
boats,  loaded  with  provisions,  was  seized  and  secured  in  the 
Muskingum   river.     On   the    16th,   the    persevering   Daviess, 
foiled  as  he  had  been  in  all  his  legal  efforts  to  arrest  this  con- 
spiracy, still  not  despairing  in  his  pat|;iotic  course,  wrote  the 
Governor  from  Louisville,  communicating  the  passage  at  that 

place  of  Blunnerhassett,  with  eight  flat  boats  and  tliree  keel 

2D* 


318  HISTORY  OF  KENTUCKY, 

boats,  having  some  boxes  of  arms  and  ammunition  on  board, 
and  some  men.  On  the  confidential  communication  of  this 
letter,  the  legislature  resolved  that  the  Governor  "be,  and  he 
is  hereby  requested  to  use,  with  all  possible  expedition,  the 
means  within  his  power  to  execute  the  duties  required  by  the 
proclamation  of  the  President  of  the  United  States,  bearing 
date  the  27th  November  last."  A  similar  application  of  the 
presidential  agent,  to  the  legislature  of  Kentucky,  procured  an 
extraordinary  act  to  "prevent  unlawful  enterprises,"  on  the 
23d  December.  Under  this  law,  measures  were  immediately 
taken  to  order  out  portions  of  the  militia;  but  before  they 
assembled  at  their  posts,  all  the  boats  of  Colonel  Burr,  not 
intercepted  by  the  authorities  of  the  State  of  Ohio,  effected 
their  passage  to  the  mouth  of  Cumberland.  There  the  guilty 
spirits,  disconcerted  by  the  late,  but  unexpected  vigor  of  the 
state  governments,  assembled  with  Colonel  Burr,  to  brood  over 
their  blasted  hopes  of  aggrandizement,  on  the  ruins  of  their 
country. 

"On  the  22d  of  December,  Burr  descended  the  Cumberland 
river,  from  Nashville,  with  two  boats  of  accommodation 
merely."  On  reaching  Bayou  Pierre,  in  the  Mississippi  terri- 
tory, he  surrendered  himself  to  the  civil  authority. 

After  this,  he  attempted  to  flee  into  Florida;  but  on  being 
intercepted  by  the  military  force,  he  was  conveyed  to  Rich- 
mond, Virginia,  on  the  26th  of  March,  1807.  Legal  difficulties, 
arisino-  from  his  absence  at  the  military  musters  on  Blanner- 
hassett's  island,  shielded  this  high  offender  from  the  justice  of 
'■he  law  of  treason.  But  nothing  could  shield  him  from  the 
withering  l)last  of  public  indignation.  Burr  no  longer  lives  the 
erect  and  fiery  spirit,  whom  fine  endowments  and  full  cultiva- 
tion had  enabled  to  cope  with  Hamilton  at  his  heyday.  He 
rather  walks  the  earth,  a  guilty  thing,  too  ignoble  for  manly 
notice. 

My  young  countrymen,  when  false  and  perverted  ambition, 
when  disappointments  in  public  favor  tempt  you  to  wander 
from  the  paths  of  honor  and  devotion  to  your  noble  country, 
may  you  turn  to  the  fate  of  Arnold  and  of  Burr;  and  bless 


HISTORY   OF   KENTUCKY.  319 

your  God  for  the  warning  voice  of  their  scowling  examples. 
May  they  ever  be  viewed  by  the  virtuous  youth  of  our  country, 
as  beacons  on  the  quicksands  and  rocks  of  political  navigation, 
warning  off  the  honest  sailor. 

Still  there  is  a  magnanimity  in  the  heroic  silence  of  Colonel 
Bun-,  amidst  a  host  of  revilers,  which  commands  respect  from 
those  who  detest  his  perverted  ambition.     He  has  had  the 
severe  trial  of  anticipating  posterit)^,  and  of  reading  his  "bad 
notoriety"  in  a  nation's  eyes.     Yet  while  Colonel  Burr  has 
been  lashed  with  worse  than  furies'  whips  of  scorpions,  through 
the  land,  and  coupled,  in  the  public  mind,  with  the  vilest  of 
traitors;  he  has  reviled  not  again;  he  has  retaliated  on  nobody; 
no  man  can  say  of  Colonel   Burr,  under  the  most  trying 
scenes  of  life,   and   the  agonies  of  a  proud  mind,  he  has 
betrayed  the  confidence  reposed  in  him.    He  has  preserved  an 
unbroken  silence  for  seven  and  twenty  years;  and  whatever 
shall  be  his  future  disclosures;  for  the  purpose  of  gratifying  his 
personal   feelings,  they  will  as  well   have  descended  to  the 
tomb  with  their  author.     Not  that  Colonel  Burr  may  be  indiffe- 
rent to  the  award  of  history;  while  her  present  verdict,  amidst 
the  conflicting  passions  and  excited  feelings  of  the  times,  he 
has  so   stoically  supported.     To  the   admirers  of  the  vulgar 
greatness    displayed    by    military    ascendency;    it    may    be 
observed,  that  Colonel  Burr  is,  at  the  worst,  only  what  Caesar 
and  Cromwell  might  have  been,  under  less  auspicious  fortunes. 
And  those,  whose  principles  can  be  so  easily  dazzled  by  the 
guilty  splendor  of  success,  as  to  see  no  criminality  in  its  tri- 
umphs;   may   well   extend   a   compassionate    feeling    for  the 
unsuccessful  aspirations  of  Colonel  Burr  after  their  favorite 
species  of  merit.     No   superiority  of  principle   supports   the 
fame  of  the  first  Caisar,  or  the  English  Protector,  that  does  not 
extend  itself  to  Napoleon  at  St.  Helena,  or  Aaron  Burr*  as  a 
counsellor  in  the  city  of  New  York. 

*  A  belief  in  the  connection  of  General  'Wilkinson  with  Aaron  Burr  still  adheres  to 
the  minds  o"f  many;  they  re'jard  the  latter  as  a  traitor  in  a  doiililc  sense,— first,  to  his 
country,  and  secondly,  to  his  friend.  Vnt  on  this  ((infesscdly  roiijcctural  iMatlcr,  it  may 
be  well  to  mention,  in  addition  to  the  prompt  and  derisive  nic:isiires  which  Wilkinson 
took  to  defeat  the  conspiracy;  the  slight  and  unconiiding  manner  Burr  employed  in 
spp.aking  about  Wilkinson. 


320  HISTORY   OF  KEJSTUCKY. 

The  objects  of  this  mad  enterprise  might  nave  succeeded  in 
the  restless,  distempered  masses  of  some  European  countries; 
but  they  were  utterly  desperate  amid  the  steady  attachment 
of  a  people  for  a  government  of  their  own  choice  and  work- 
manship; and  for  their  own  protection. 

The  results  of  this  conspiracy,  with  all  the  artful  boastings  of 
Burr,  never  amounted  to  more  than  from  one,  to  four  hundred 
persons.  They  finely  illustrate  the  beautiful  remark  of  Mr. 
Jefferson,  that  this  is  "the  strongest  government  on  earth";  "the 
only  one  where  every  man,  at  the  command  of  the  law,  will 
repair  to  the  standard  of  the  law,  as  his  own  personal  con- 
cern." 

After  the  time  which  has  elapsed  since  this  audacious  con- 
spiracy, nothing  further  has  transpired  to  determine  whether 
its  object  was  to  dissever  the  Union,  or  to  attack  the  Spanish 
provinces  and  plunder  New-Orleans,  as  a  means  of  executing 
either.  Desperate  and  piratical  as  the  whole  scheme  was, 
under  either  aspect,  it  may  well  be  concluded ;  that  the  project 
of  aggrandizement  which  promised  most  plunder,  would  have 
been  most  readily  pursued.  If  the  rich  galleon,  loaded  with  a 
nation's  treasures,  should  have  been  too  manfully  guarded  to 
justify  attack,  then  the  humble  shallop  would  not  have  been  too 
low  for  their  rapacity. 

The  year  1806  was  still  fruitful  in  conspiracies  and  their 
developments.  It  was  during  the  session  of  the  legislature 
in  180G,  that,  on  motion  of  Mr.  M'Kee,  and  then  of  Mr 
John  Pope,  an  inquiry  was  ordered  into  the  conduct  of  judgt- 

AlthoiiKli  ilie  former  may  liave  counted  tipon  winning  over  Wilkinson  to  his  scliemes; 
yet  to  TiOv.  II;iiri=on  lie  spoke  severely  of  Wilkinson's  imprudence  of  talk,  and  incapacity 
to  keep  a  sccrcl.  Tlic  Governor  repelled  all  confidence,  l)y  expressing  liis  belief  in 
Colonel  Burr's  intcL'rity  and  patriotism,  as  too  high  to  admit  of  the  truth  of  tlie  suspicions 
afloat  ahout  his  inlcntions. 

At  a  sutiscquent  period.  Captain  Wescott,  a  relation  and  emissary  of  Colonel  Burr,  was 
sent  to  make  proposals;  which  Harrison  ncain  repelled,  iiy  derlarin<r,  that  if  Burr's 
scliemes  were  inimical  lo  the  (.'overnmeiit  of  the  IJnited  Slates,  he  would  exert  his  utmost 
endeavors  lo  have  him  liunu'.  It  has  been  siiscestcd,  that  less  mystery,  and  avoiding 
all  military  preparation,  wnnld  have  U'en  more  politic.  Had  Burr  assembled  his  follow- 
ers somewhere  on  the  .Mix  Iran  frontiers,  even  on  the  scene  of  his  own  sujisestion— the 
Wasliila,  a  posilion  miclii  have  been  secured,  from  whii  li  be  miiilit  have  assailed 
either  New  Orlrans,  or  the  Spanish  provinces,  with  fatal  farilily.  Once  lodged  in  those 
weak  and  valuable  rejions,  Ibirr  "mi(;bt  have  played  conqueror  or  Jacoljin,  or  Jx)th,  as 
might  have  best  suiled  his  purpnsc"  Cerlainly  a  Spanish  campaign  would  have  attractet* 
many  of  "the  clinice  spirits  above  the  dull  pursuits  of  civil  life;"  and  if  Burr  might  not 
have  anticipated  Jturbide,  Ihe  lal<;  Kmpcror  of  Mexico,  in  our  own  times;  he  would  have, 
in  all  probability,  eUectcd  the  establisliraent  of  a  military  colony  in  our  neighborhood. 


HISTORY   OF   KENTUCKY.  321 

Sebastian.  The  resolution  of  inquiry  was  in  the  following 
words :  "whereas,  this  House  has  been  informed  and  given  to 
understand  that,  Benjamin  Sebastian,  one  of  the  judges  of  the 
court  of  Appeals  of  this  Commonwealth,  has  been,  during  his 
continuance  in  oflice,  a  pensioner  of  the  Spanish  government. 
Wherefore,  resolved,  that  a  committee  be  appointed  to  inquire 
into  the  facts,  and  such  other  facts  relating  thereto,  as  may  be 
deemed  proper  for  investigation."  A  committee  was  accor- 
dingly appointed  with  full  power  "to  send  for  persons,  papers 
and  records  for  their  information."  The  disclosures  produced 
by  this  committee  established  the  disgraceful  fact,  that  judge 
Sebastian,  while  a  high  judicial  officer  of  Kentucky,  had  been 
for  years  in  the  receipt  of  a  pension  from  the  court  of  Spain  of 
two  thousand  dollars  a  year.  This  amount  had  been  received 
for  him  by  Mr.  Thomas  Bulllitt,  of  Louisville,  in  1801  and  1802: 
and  a  draft  for  the  "pension,"  on  the  Spanish  Governor  of  New 
Orleans,  had  been  found  by  Mr.  Charles  \Vilkins,  in  the  papers 
of  John  A.  Sitz,  deceased,  of  Natchez.  In  the  course  of  this  inves- 
tigation, judge  Innes  was  summoned  before  the  committee,  and 
detailed  of  his  own  honorable  frankness,  the  successive  visits  of 
Thomas  Power,  as  the  agent  of  the  Baron  De  Carondelet,  the 
governor  of  Louisiana,  in  1795,  and  again  in  1797;  to  nego- 
tiate for  commercial  privileges,  and  finally  for  forcible  separa- 
tion from  the  rest  of  the  confederacy,  with  Messrs.  Sebastian, 
Innes,  Nicholas  and  Murray.  On  this  evidence  the  previous 
statement  of  the  Spanish  conspiracy  has  been  mainly  founded. 
The  conclusion  of  the  committee  was,  that  Judge  Sebastian  had 
been  guilty  as  charged,  and  his  conduct  in  doing  so  was  "subver- 
sive of  every  duty  he  owed  to  the  constituted  authorities  of 
our  country,  and  highly  derogatory  to  the  character  of  Ken- 
tucky." This  report  was  unanimously  agreed  to  by  the 
House.  The  judge  having  resigned,  no  further  measures 
were  taken. 

The  testimony  in  regard  to  judge  Sebastian  having  fixed  on 
him  the  odious  charges  of  bribery  and  foreign  pension,  though 
confined  to  him  alone,  and  though  the  offer  of  two  hundred 
thousand  dollars  had  been  rejected  by  his  high-minded  asso 


322  HISTORY   OF   KENTUCKY. 

ciates,  Innes  and  Nicholas,  yet  it  fastened  an  obloquy  upon  the 
latter  gentleman,  which  in  this  instance  he  did  not  deserve, 
and  which  distressed  him  through  the  remainder  of  his  life. 

The  memory  of  Innes  and  Nicholas  is  free  from  all  suspi- 
cion of  being  tainted  with  foreign  money;  however,  party 
feeling  in  times  of  high  excitement,  may  have  misled  them  in 
concealing  from  theirown  government  those  tamperings  of  a  for- 
eign one  Apprehensions  of  political  consequences  to  Kentucky, 
should  not,  it  is  admitted,  for  a  moment  have  been  allowed  to 
interfere  with  their  direct  duty,  as  citizens,  and  one,  as  an 
officer  of  the  United  States. 

But  it  is  only  fair  to  let  these  distinguished  and  faithful  public 
men  speak  for  themselves.  Their  services,  and  those  of  judge 
Innes,  so  particularly  laborious  and  devoted  to  his  country, 
may  well  be  allowed  to  extenuate  a  theoretical  fault,  which 
worked  no  practical  mischief  "The  reasons,"  says  judge 
Innes,  "why  himself  and  Colonel  Nicholas  did  not  communicate 
the  subject  to  the  Executive  of  the  United  States,  were  these: 
1st,  it  was  known  that  neither  of  us  approved  of  Mr.  Adams' 
administration,  and  that  we  believed  he  kept  a  watchful  eye 
over  our  actions ;  that  the  communication  must  depend  upon 
his  opinion  of  our  veracity;  and  it  would  have  the  appear- 
ance of  courting  his  favor;  2dly,  that  we  both  had  reason, 
and  did  believe  that  the  then  administration  were  disposed, 
upon  the  slightest  pretext,  to  send  an  army  to  this  State,  which 
we  considered  would  be  a  grievance  upon  the  people,  and 
therefore  declined  making  any  communication  on  the  subject, 
as  we  apprehended  no  danger  from  the  Spanish  government"* 

At  this  session,  the  dissatisfaction  of  the  country  with  the 
court  of  Appeals,  led  to  the  introduction  of  a  resolution  into  the 
House  of  Representatives,  expressive  of  the  fact.  This  par- 
ticularly reflected  on  the  age  of  George  Muter,  the  venerable 
chief  justice,  and  offered  a  compensation  for  his  retirement. 
The  terms  of  the  resolution,  affected  the  feelings  of  the  old 
gentleman  so  much,  that  he  requested  their  withdrawal,  and 
intimated  his  determinatian  to  resign.     The  withdrawal  was 

*  Journal  of  1806-7. 


HISTORY   OF  KENTUCKY.  323 

made,  and  the  high-minded  and  generous  old  man  fulfilled  his 
intimation,  in  a  letter  addressed  to  the  Governor,  December 
9th,  1806.  This  resignation  was  followed  by  the  appointment 
of  Thomas  Todd  to  the  chief  justiceship. 

Nor  can  this  signal  instance  of  patriotic  devotion  be  recorded, 
without  paying  a  tribute  of  public  gratitude  to  the  disinterested 
sense  of  duty  in  an  aged  officer;  thus  in  povertj'  resigning 
incontestable  claims  on  the  public  treasury,  and  throwing  him- 
self on  the  justice  of  his  country,  when  he  was  worn  out  in 
her  service. 

In  February,  1807,  Kentucky,  at  the  instance  of  Henry 
Clay,  then  in  the  Senate  of  the  United  States,  was  erected, 
with  the  states  of  Ohio  and  Tennessee,  into  a  seventh  circuit, 
to  be  presided  over  by  an  additional  judge  of  the  Supreme 
court  of  the  United  States,  whose  office  was  created  for  that 
purpose.  To  this  high  judicial  situation,  Thomas  Todd  was 
appointed,  who  had  recently  been  elected  to  the  chief  justice- 
ship of  Kentucky,  and  who  had  been  the  soul  of  business  in  the 
conventions  and  the  House  of  Representatives  of  Kentucky, 
for  twenty  vears. 

In  relation  to  the  appointment  of  this  old  and  faithful  servant 
of  Kentucky,  there  is  this  honorable  fact,  he  received  the 
office  without  any  solicitation,  on  his  part.  When  shall  these 
golden  times  of  the  republic  return,  and  the  freemen  of  the 
United  States  again  wait  for  offices  to  seek  them,  as  the  most 
fitting  servants  of  the  public,  instead  of  seeking  the  offices,  as 
so  much  private  property.  To  test  the  public  sentiment  of 
the  west.  President  Jefferson  required  the  members  from  all 
the  three  western  States,  to  make  a  recommendation  of  a 
suitable  character  to  fill  this  high  office,  separately  from  each 
other,  and  likewise,  to  communicate  their  second  choice.  On 
the  lists  of  each,  Judge  Todd  was  either  first  or  second;  a 
proud  criterion  of  high  estimation. 

At  this  session  of  the  legislature,  resolutions  were  introduced 
by  Mr.  H.  Marshall,  violently  condemning  the  conduct  of  judge 
Innes,  in  the  conferences  with  Sebastian  awd  Power,  and  recom- 
mending an  inquiry  "to  be  instituted  into  it  by  the  constituted 


324  HISTORY  OF  K:E^^^ucKY. 

authorities;"  "to  which  he  may  answer,  and  on  which  judgment 
may  be  pronounced."     These  resolutions  produced  a  letter  to 
the  Speaker,  from  judge  Innes,  "informing  the  House  that  he 
had,  during  the  last  session  of  Congress,  written  to  several 
members  of  that  body,  requesting  through  them,  that  an  inquiry 
might  be  made  into  his  conduct.     From  this,  however,  they 
dissuaded  me,  because  in  their  judgment,  there  was  no  suffi- 
cient ground  to  justify,  or  authorize  such  an  inquiry.     Con- 
scious, however,  of  my  own  innocence  of  any  criminal  intention 
or  acts,  and  that  in  spite  of  all  the  malevolence  of  my  enemies, 
upon  a  free  examination,  my  life  would  only  manifest  errors 
of  the  head,  and  not  of  the  heart;  nothing  is  more  desired  by 
me  than  an  investigation  into  my  conduct,  governed  by  temper, 
modeiiition  and  justice.     The  result  of  which  investigation  (to 
which  I  v/ould  invite  your  honorable  body)  will  be  as  honorable 
to  me,   as   mortifying  to  those  who  prosecuted  me."     After 
several  days'  discussion,  Mr.  Clay  moved  a  substitute  for  the 
resolutions  of  Mr.  Marshall  in  the  following  words :  "Whereas 
the  General  Assembly  did,  at  their  last  session,  order  transcripts 
of  the  evidence  taken  before  the  committee  appointed  to  examine 
into  the  conduct  of  Benjamin  Sebastian,  to  be  transmitted  to  the 
President  of  the  United  States,  and  to  the  senators  and  repre- 
sentatives from  this  State,  in  Congress;  and  as  the  present  as- 
sembly has  entire  confidence  in  the  general  administration,  and 
in  the  Congress  of  the  United  States,  among  whose  duties,  is 
that  of  arraigning  tlie  public  officer,  or  private  citizen,  who  may 
have  violated  the  constitution,  or  the  laws  of  the  Union ;  and 
whereas  the  leghimate  objects,  which  call  for  the  attention  of 
this  legislature,  are  themselves  sufficiently  important  to  require 
the  exercise  of  all  their  wisdom  and  time,  without  eniracins:  in 

-'  COO 

pursuit  of  others,  thereby  consuming  the  public  treasure,  and 
the  time  of  the  representatives  of  the  people,  in  investigating 
subjects  not  strictly  within  the  sphere  of  their  duty;  and  inas- 
much as  the  expression  of  an  opinion  by  the  general  assembly, 
upon  the  guilt  or  innocence  of  Harry  Innes,  Esq.,  in  relation  to 
certain  charges  made  against  him,  would  be  a  prejudication  of 
his  case — if  in  one  way,  would  fix  an  indelible  stigma  upon  the 


HISTORY   or  KENTUCKT.  325 

character  of  the  judge,  without  the  forms  of  trial,  or  judicial 
proceeding,  and  if  in  the  other,  might  embarrass  and  prevent 
a  free  and  full  investigation  into  those  charges:  Wherefore, 

"Resolved  by  the  General  Assembly,  That  it  is  improper  in 
them  to  prescribe  to  Congress  any  course  to  be  taken  by  that 
body,  in  relation  to  the  said  charges,  or  to  indicate  any  opinion 
upon  their  truth  or  falsehood. 

"Resolved,  That  the  constitution  and  laws  of  the  land,  secu- 
ring to  each  citizen,  whether  in  or  out  of  office,  a  fair  and  im- 
partial trial,  whether  by  impeachment  or  at  common  law,  the 
example  of  a  legislative  body,  before  the  commencement  of 
any  prosecution,  expressing  an  opinion  upon  the  guilt  or  inno- 
cence of  an  implicated  individual,  would  tend  to  subvert  the 
fundamental  principles  of  justice." 

This  substitute,  temperate  and  just  as  it  appears  to  be,  re- 
spectful to  the  sacred  rights  of  every  private  citizen,  to  enjoy 
an  impartial  trial  without  the  denunciation  of  influential  bodies 
of  men  in  office,  was  negatived.  The  resolutions  of  Mr.  Mar- 
shall, deprived  of  their  severely  criminatory  character,  by  an 
amendment  of  Mr.  Blackburn,  were  then  adopted  by  the  House, 
and  concurred  in  by  the  Senate.     They  were  as  follows: 

"Inasmuch  as  it  has  been  deemed  expedient  to  express  the 
public  opinion  on  subjects  of  general  concern,  as  the  means  of 
union  among  members  of  the  same  community,  or  as  indica- 
tions of  the  public  will,  serving  as  guides  to  public  servants  in 
their  official  conduct,  and  whereas  from  representations  made 
to  the  General  Assembly  by  the  introduction  of  a  resolution, 
and  upon  the  application  of  Harry  Innes,  Esq.,  by  letter  directed 
to  the  Speaker  of  the  House  of  Representatives,  and  by  him  laid 
before  that  House,  praying  an  examination  into  the  charges  ex- 
hibited against  him  in  said  resolution,  and  from  evidence  to 
them  exhibited,  it  appears  that  the  said  Harry  Innes,  Esq.,  while 
sole  judge  of  the  federal  court  for  the  Kentucky  district,  had 
knowledge  of  various  intrigues,  and  secret  negotiations  having 
been  at  different  times  carried  on  by  the  agents  and  emissaries 
of  a  foreign  government  with  citizens  of  this  State,  hostile  to 

the  peace  and  tranquillity  of  the  Union;  particularly  in  the  caio 

2E 


326  HISTORY   OP  KENTUCKY. 

of  the  Baron  de  Carondelet,  and  in  the  case  of  Thomas  Power, 
agents  and  emissaries  of  the  king  of  Spain:  and  the  said  Harry 
Innes,  Esq.,  possessing  a  complete  knoVf  ledge  of  propositions 
having  been  made  to  himself  and  others,  citizens  of  the  western 
country,  by  the  said  Carondelet  and  Power,  which  had  for  their 
object  the  dismemberment  of  the  IJnion;  and  having  failed  to 
communicate  to  the  federal  executive,  or  to  take  any  measures 
of  prevention,  as  by  the  duties  of  his  office  he  was  bound  to  do; 
and  the  conduct  of  the  said  Harry  Innes,  Esq.,  in  this  particular 
having  been  such  as  to  excite  great  public  discontent,  and  a 
suspicion  that  he  participated  in  the  intrigues  and  secret  nego- 
tiations aforesaid : 

"The  legislature  deem  those  circumstances  in  the  conduct 
of  the  said  Harry  Innes,  Esq.,  as  furnishing  an  occasion  of  suffi- 
cient magnitude  to  interest  the  attention  of  the  representatives 
of  the  people  of  Kentucky,  and  to  call  forth  the  expression  of 
their  opinion.     Therefore, 

^'Resolved  by  the  Senate  and  House  of  Representatives,  That 
the  conduct  of  the  said  Harry  Innes,  Esq.,  relative  to  the  secret 
negotiations  of  the  said  Carondelet  and  Power,  ought  to  be  in- 
quired into  by  the  constituted  authorities  of  the  United  States. 

^'^Also  resolved,  That  the  Governor  of  this  State  be  requested 
to  transmit  a  copy  of  the  foregoing  resolutions  to  each  of  the 
representatives  of  this  State  in  the  Congress  of  the  United 
States." 

These  resolutions  were  transmitted  as  desired  by  the  legis- 
lature, and  committed  to  a  select  committee  in  the  House  of  Re- 
presentatives of  the  United  States,  upon  which,  after  a  report 
of  a  committee  by  their  chairman,  Mr.  John  Rowan,  nothing 
was  done.* 

If  facts  were  necessary  to  be  stated,  after  the  transcripts  of 
evidence,  which  had  been  already  ordered  to  be  communicated; 
constructions  of  those  facts,  and  inferences  of  motives  from 
them,  by  public  bodies,  cannot  be  too  much  reprehended.  It 
would  be  throwing  the  weight  of  government,  worse  than  the 

*  See  Appendix. 


HISTORY   OF    KErVTUCKY.  327 

Bword  of  Brennas,  into  the  scales  of  justice,  against  private 
citizens. 

The  year  1808  brought  along  with  it  a  change  in  the  presi- 
dency. The  great  Jefferson,  uho  had  generally,  with  pre-emi- 
nent success,  administered  the  affairs  of  the  country;  after 
serving  two  presidencies,  abiding  by  the  example  of  his  first 
and  illustrious  predecessor,  declined  a  re-election.  Thus,  it  is 
to  be  hoped,  limiting  by  the  prescription  of  example,  too  sacred 
to  be  departed  from;  a  limitation  on  the  duration  of  this  office, 
which  is  almost  too  powerful  for  the  safety  of  the  public 
liberties. 

Mr.  Madison  succeeded  President  Jefferson  in  March,  1808: 
of  all  our  statesmen,  the  most  generally  admired  for  the  virtues 
and  the  chastity  of  his  public  character.  With  August,  1807, 
Governor  Greenup's  administration  terminated,  and  Col.  John 
Allen,  of  most  amiable  character  and  as  eminent  abilities,  en- 
fered  the  canvass  for  the  gubernatorial  office,  with  Gen.  Charles 
Scott.  But  the  people  of  Kentucky  have  been  too  military  a 
people  themselves,  and  there  are  of  course  too  many  soldiers 
amongst  them,  not  to  feel  an  irresistible  passion  for  those,  who 
participated  with  them  in  the  dangers  of  the  "tented  field." 
Accordingly  a  hero  of  the  revolution,  and  a  leader  of  various 
efficient  expeditions  against  the  Indian  enemy,  received  a  ma- 
jority of  votes,  greater  than  all  the  votes  given  to  his  antagonist. 
On  his  election,  he  appointed  Jesse  Bledsoe  Secretary  of  State, 
a  gentleman  highly  distinguished  at  the  bar,  and  in  th  ;■  legisla- 
tive assemblies  of  his  country.  During  this  year  our  exaspera- 
ting difficulties  with  Great  Britain,  and  particularly  the  stinging 
insult  to  the  Chesapeake  frigate,  induced  a  call  upon  the  militia 
of  the  United  States.  The  quota  of  Kentucky  was  five  thou- 
sand and  five. 

These  circumstances  were  noticed  in  the  Governor's  commu- 
nication to  the  legislature,  in  the  following  terms.  "The  wan- 
ton and  continued  violation  of  our  plainest  rights  by  both  Great 
Britain  and  France,  who  appear  determined  to  sacrifice  them 
alternately,  as  convenience  or  resentment,  in  their  mutual  and 
destructive  conflicts  for  empire  may  suggest,  seems  to  leave  us 


328  HISTOEV   OF   KENTUCKY. 

but  one  alternative,  to  submit  to  be  the  passive  instruments  of 
their  pleasure,  at  the  expense  of  all  we  hold  dear,  or  to  make 
that  resistance,  which  the  God  of  nature  has  put  into  our  power. 
On  our  own  soil,  if  we  are  united  and  vigilant,  we  have  nothing 
to  fear."  In  regard  to  the  operation  of  these  foreign  difficulties 
on  our  domestic  interests,  the  Governor  likewise  remarks,  that 
"it  will  also  be  with  you,  gentlemen,  to  say  whether,  from  the" 
present  posture  of  our  public  affairs,  and  the  "afflicting  privations 
experienced  by  all,  in  consequence  of  the  necessary  restraints 
imposed  by  the  embargo;  it  will  not  be  just  nor  politic  to  give 
debtors  some  respite  by  prolonging  the  time  of  replevy,  or 
otherwise,  in  the  recovery  of  debts  due  from  them.  From  infor- 
mation this  has  been  done  in  some  of  our  sister  States.  It  is 
a  great  impediment  to  legislative  indulgence  of  this  kind,  that 
creditors,  who  may  be  delayed  by  such  provisions,  may  also  be 
debtors,  and  subject  under  the  now  existing  laws,  to  be  coerced 
for  payment,  while  their  means  are  thus  withheld.  For  it  is  not 
presumable  that  any  law  on  this  subject  can  be  made  to  act 
retrospectively." 

In  the  course  of  the  session,  resolutions  approbatory  of  the 
late  administration  of  the  general  government,  and  especially 
of  its  policy  with  foreign  powers,  and  the  adoption  of  the  em- 
bargo were  offered  by  Mr.  Scroggin ;  on  discussion,  an  amend- 
ment was  proposed  by  Mr.  Clay.  This  produced  a  motion 
to  strike  out  the  matter  offered  by  Mr.  Clay,  and  insert  the 
following : 

"3d.  That  the  United  States  of  America  have  for  several 
years  experienced  from  the  governments  of  Great  Britain  and 
of  France,  repeated  usurpations  on  their  sovereignty  and  inde- 
pendence, and  manifold  injuries  to  their  rights  of  navigation 
and  commerce;  and  that,  having,  in  the  spirit  of  amicable 
negotiation,  employed  in  vain  and  exliausted  the  means  of 
friendly  adjustment,  without  obtaining  from  either  of  those 
governments  the  reparations  due  to  their  just  claims  for  past 
injury,  imposing  in  the  mean  time  on  themselves  a  rigorous 
embargo,  the  better  to  avoid  new  causes  of  irritation  and  of 
conflict,  it  now  remains  only,  for  these  States,  to  continue  this 


HISTOKY   OP   KENTUCKY.  329 

self-immoiating  restriction  on  tlieir  rights,  submit  their  com- 
merce and  navigation,  unarmed  to  the  insults  and  depredations 
of  the  unfriendly  belligerents,  or  authorizing  the  armament  of 
merchant  ships  and  their  convoys,  and  disclaiming  all  inter- 
course with  the  aforesaid  belligerents,  so  long  as  they  continue 
their  unjust  decrees,  orders,  or  aggressions,  assert  their  national 
independence,  idth  the  spirit  of  freemen,  in  the  practical  exer- 
cise of  their  undoubted  rights  of  navigation  and  commerce.  In 
this  choice  of  difficulties,  difficulties  insuperable  to  the  eye  of 
despondence  and  to  the  heart  of  timidity,  there  is  one  course 
open  to  honor  and  to  patriotism;  it  is  worthy  the  American 
character,  it  is  suitable  to  the  rights  and  to  the  dignity  of  a 
sovereign  and  independent  nation :  it  is,  to  resume  the  practical 
exercise  of  those  just  rights  of  navigation  and  of  commerce, 
which  have  been  suspended,  to  the  universal  distress  of  the 
nation,  and  to  defend  them  with  all  the  energies  of  a  people 
determined  to  he  free  and  independent. 

"4th.  Resolved,  That  the  act  of  Congress  laying  an  embargo, 
and  the  supplements  thereto,  ought  to  be  repealed  with  all 
practical  despatch — that  the  commerce  of  the  United  States 
with  friendly  nations  ought  to  be  regulated,  and  her  bona  fide 
citizens  authorized  to  arm  their  ships,  and  to  sail  under  convoy 
for  defence  and  protection,  on  their  lawful  voyages;  abstaining 
from  all  intercourse  with  France  and  England,  so  long  as  they 
shall  respectively  continue  their  decrees,  orders  or  aggressions,- 
with  the  public  avowal  and  national  pledge  on  the  part  of  the 
United  States,  that  a  resort  to  actual  force  by  either,  not  author- 
ized by  the  established  law  of  nations,  will  be  held  and  treated 
as  a  declaration  of  war  against  the  United  States. 

"5lli.  Resolved,  That  the  general  government  may  rely  on 
the  support  of  this  Commonwealth  in  the  foregoing,  and  such 
other  measures  as  may  be  deemed  necessary  and  proper  to 
protect  the  rights  of  the  citizen,  and  maintain  the  honor  and 
independence  of  the  nation." 

On  the  question  being  put,  the  vote  stood  sixty-four  for  Mr. 

Clay's  resolutions,  and  one  nay,  (Mr.  Marshal!,)  against  them. 

This    fact,    he    has    the    manly    frankness  to    record.     The 

2E* 


330  HISTORY   OF   KENTUCKY. 

substitute  of  Mr.  Clay,  which  seemed  unanimously  to  con- 
vey the  sentiments  of  Kentucky,  was  as  follows : — 

"Resolved,  That  the  administration  of  the  general  govern- 
ment since  Thomas  Jefferson  has  been  elected  to  the  office 
of  president,  has  been  wise,  dignified  and  patriotic,  and  merits 
the   approbation  of  the  country. 

"Resolved,  That  the  embargo  was  a  measure  highly  judi- 
cious, and  the  only  honorable  expedient  to  avoid  war — whilst 
its  direct  tendency,  besides  annoying  those  who  had  rendered 
resort  to  it  necessary,  was  to  preserve  our  seamen  and  pro- 
perty exposed  to  the  piratical  depredations  of  foreign  vessels. 

"Resolved,  That  the  general  assembly  of  Kentucky  would 
view  with  the  utmost  horror  a  proposition  in  any  shape, 
to  submit  to  the  tributary  exactions  of  Great  Britain,  as  at- 
tempted to  be  enforced  by  her  oi-ders  of  council,  or  to  ac- 
quiesce in  the  violation  of  neutral  rights  as  manaced  by 
the  French  decrees;  and  they  pledge  themselves  to  the  gen- 
eral goverment  to  spend,  if  necessary,  the  last  shilling,  and 
exhaust  the  last  drop  of  blood,  in  resisting  these  aggres- 
sions. 

"Resolved,  That  whether  war,  a  total  non-intercourse,  or 
a  more  rigid  execution  of  the  embargo  system,  be  deter- 
mined on,  the  general  assembly,  however  they  may  regret 
the  privations  consequent  on  the  occasion,  will  cordially  ap- 
prove and  co-operate  in  enforcing  the  measure;  for  they  are 
sensible,  that  in  the  present  crisis  of  the  nation,  the  alterna- 
tives are,  a  surrender  of  liberty  and  independence,  or,  a 
bold  and  manly  resistance. 

"Resolved,  That  Thomas  Jefferson  is  entitled  to  the  thanks 
of  his  country  for  the  ability,  uprightness  and  intelligence 
which  he  has  displayed  in  the  management,  both  of  our 
foreign  relations  and  domestic  concerns. 

"Resolved,  That  a  copy  of  the  foregoing  resolutions  be 
transmitted  to  the  President  of  the  United  States,  and  to  each 
of  our   senators   and   representatives  in  congress." 

At  this  session,  an  act  was  passed,  affecting  very  deeply 
the    domestic  relations  of  society;  it  was  an  act  regulating 


HISTORY   OF   KENTUCKY.  331 

divorces  in  this  Commonwealth.  By  this  act  the  process  of 
granting  divorces,  was  vested  in  the  Circuit  courts  in  the  fol- 
lowing cases,  "in  favor  of  a  husband,  where  his  wife  shall 
have  voluntarily  left  his  bed  and  board,  with  intention  of 
abandonment,  for  the  space  of  three  years;  or  when  she 
shall  have  abandoned  him  and  lived  in  adultery  with  another 
man  or  men ;  or  shall  have  been  condemned  as  a  felon  in 
any  court  of  record  within  the  United  States :  in  favor  of  a 
wife,  where  a  husband  shall  have  left  her,  with  the  inten- 
tion of  abandonment,  for  the  space  of  two  years;  or  where 
he  shall  have  abandoned  her  and  lived  in  adultery  with 
another  woman  or  women;  or  shall  have  been  condemned 
as  a  felon  in  any  court  of  record  within  the  United  States; 
or  when  his  treatment  to  her  is  so  cruel,  barbarous  and 
inhuman,  as  actually  to  endanger  her  life."  One  excel- 
lent provision  was  annexed  to  this  law,  that  the  offending 
party  should  not  be  at  liberty  to  marry  again;  nor  should 
be  released  from  the  pains  and  penalties  of  persons  enter- 
ing into  a  second  marriage,  during  the  life  of  the  first  wife 
or    husband. 

An  attempt,  however,  was  made  in  vain,  to  remedy  the 
oppressive  delay  in  the  trial  of  chancery  suits;  by  repeal- 
ing the  law  which  had  directed  them  to  be  placed  on  the 
docket  after  suits  at  law.  It  then  directed  that  the  court 
might  act  upon  them  at  any  day  of  the  term.  These  im- 
portant suits,  which  generally  involve  titles  to  land,  or  the 
payment  of  money,  for  which  there  was  a  judgment  at  law, 
and  an  injunction  was  now  wanted,  obtained  but  little  ad- 
vantage by  the  alteration.  "They  were  seldom  heard,  how- 
ever urgent  might  be  the  cases.  It  would  not  be  extrava- 
gant to  say,  that  there  are  no  other  suits  on  docket,  which 
have  been  transferred  from  one  generation  to  another,  and 
after  having  passed  from  one  lawyer  to  another,  for  ten, 
twelve,  or  fifteen  years;  there  is  not  one  at  the  bar,  or  in 
court,  who  know  anything  of  their  merits  or  demerits,  ex- 
cept the  clerks;  they  know  that  they  charge  three  fees  an- 


332  HISTORY  OF  KENTUCKY. 

nually  for  continuances;  and  that  hence,  to  them  they  have 
the   virtue  of  perennial   fountains  of  gain."* 

These  reproaches  against  the  tardy  and  vexatious  admin- 
istration of  justice,  in  mockery  of  a  people's  feelings  and 
interests  are,  it  is  believed,  no  longer  applicable  to  the  same 
extent.  Though  much  remains  to  be  done  by  adequate  sala- 
ries to  command  the  highest  talents  and  learning  in  the 
public  service  on  the  bench.  Till  then  the  people  of  Ken- 
tucky, will  be  insecure  in  one  of  the  blessed  fruits  of  good 
government;  indeed  almost  its  practical  essence;  the  speedy 
administration  of  justice,  by  impartial  and  enlightened  magis- 
trates. Until  then,  the  public  will  be  worse  served  than 
private   individuals. 

The  commencement  of  banking  in  Kentucky,  is  too  im- 
portant to  the  community,  and  involves  too  many  vital  inter- 
ests of  industry,  and  social  prosperity,  to  be  pretermitted. 
This  branch  of  legislation  first  began  intentionally  upon  the 
part  of  the  legislature,  at  the  session  of  1806.  Leave  to 
bring  in  a  bill  for  incorporating  a  bank,  was  asked  by  Mr. 
John  Allen;  and  a  committee  of  Messrs.  Allen,  Grundy, 
Pope,   Hopkins,  Ballinger  and   Cosby,    reported  the   bill. 

This  measure  was  most  providently  resorted  to,  m  order 
to  husband  the  resources  annually  accruing  to  the  State 
from  the  sale  of  its  domain.  It  was  most  happily  devised 
to  place  the  principal  of  these  accumulations  of  treasure, 
arising  from  this  source,  in  a  productive  shape;  and  beyond 
the  fearful  hand  of  legislative  waste. 

It  fixed  the  site  of  the  principal  bank  at  the  seat  of 
government;  authorized  a  capital  of  one  million  of  dollars, 
divided  into  ten  thousand  shares,  of  one  hundred  dollars 
each.  Five  thousand  shares,  were  reserved  for  the  use  of 
the  State.  The  legislature  reserved  the  right  of  electing  a 
president  and  six  directors.  This  political  majority,  when 
times  of  excitement  arose,  drove  the  bank  on  the  shoales 
of  party,  and  ultimately  shipwrecked  the  institution.  The 
power  of  branching  the  bank,  became  a  subject  of  local  and 

•  Marshall  2,  464. 


HISTORY   OF   KENTUCKY.  333 

party  contention;  and  the  influence  of  the  legislature  through 
its  election  of  the  majority  of  the  directory  was  brought 
to  bear  upon  the  decision.  The  extension  of  the  bank  then 
ceased  to  be  a  mere  fiscal  or  mercantile  question,  to  be 
governed  by  the  interests  of  the  corporation;  but  was  con- 
verted into  one  of  political  influence.  The  bank  went  into 
successful  operation  under  the  presidency  of  a  distinguished 
and   upright  citizen,  Robert   Alexander,  jr. 

The  difficulties  in  trade  and  business  alluded  to  by  the 
Governor  in  his  address,  arising  from  foreign  depreda- 
tions, and  the  remedy  of  the  embargo  adopted  by  our  gov- 
ernment, to  avoid  them,  introduced  the  relief  system,  of 
prolonged  replevy,  into  the  legislation  of  Kentucky;  though 
of  ancient  colonial  adoption.  An  act  was  passed  for  the 
relief  of  debtors,  which  authorized  a  replevy  of  one  year, 
upon  giving  bond  and  security  on  or  before  the  day  of  sale 
under  execution,  to  pay  the  debt  within  the  year;  but  if 
the  defendant  failed  to  give  the  bond  and  security,  then  the 
estate  was  to  be  sold  on  a  year's  credit,  the  purchaser  giving 
bond  and  security,  to  have  the  effect  of  a  judgement,  and 
it  was  rendered  assignable. 

It  was  at  this  session,  the  memorable  act  to  compel  the 
speedy  adjustment  of  land  claims,  generally  known  as  the 
seven  years'  limitation  law,  was  passed.  Mr.  H.  Marshall,  in- 
troduced this  measure,  which,  after  every  other  anchor  had 
failed  before  the  legal  storm,  has  saved  the  ship  of  state.* 
When  after  the  decision  of  the  Supreme  court  of  the  United 
States  against  our  occupying  claimant  laws,  no  hope  ex- 
isted  of  arresting  the    endless  curse   of  uncertainty,  in   the 

*This  measure  was  finally  on  the  5th  of  January,  1809,  re-committed  to  a  committee 
composed  of  Messrs.  Clay,  South,  and  H.  Marshall,  who  reported  it  with  an  amendment, 
which    was  concurred  in.  and  the  bill  ordered  to  he  engrossed. 

It  received  the  approbation  of  the  Governor  on  the  lOih  of  February.  This  most 
important  measure  of  peace  and  security  to  the  land  holders  of  Kentucky,  and  all 
the  numerous  classes  of  society,  dependent  upon  them,  had  the  cordial  concurrence 
of  Mr.  Clay,  althoush  the  hill  was  introdmed  by  Mr.   H.  Marshall. 

It  was  at  this  session  that  the  an  of  the  previous  session,  conferring  a  pension  of 
three  hundred  dollars,  on  Gi'orse  Muter,  lale  chief  ju.^tice  of  the  court  of  Appeals, 
on  his  resignation  of  his  judicial  situation,  was  attempted  to  he  repealed.  Governor 
Greenup  most  independently  and  feelincly  opposed  this  violation  of  the  faith  of 
Kentucky,  to  an  ased  and  devoted  servant:  and  the  bill  was  arrested  in  the  Pen- 
ate.  But  it  was  all  in  vain.  The  public  suspicion  and  odium  wore  excited  asainst 
this  paltry  consideration  for  a  substantial  and  fair  contract;  and  the  claims  of  public 
merit  and  private  right,  were  alike  disregarded  at  the  next  session,  notwiibstaod- 
ing  another  Governor's  veto. 


334  HISTOEY   OF  KENTUCKT. 

freeholds  of  the  State;  this  most  unexpected  affirmation  of 
our  limitation  law,  came  like  an  angel  of  peace,  with  heal- 
ing on  his  wings,  to  console  the  vexed  and  agitated  land- 
holders  of  Kentucky. 

It  was  in  the  case  of  Hawkins,  et  al.  vs.  Barney's  lessees, 
formerly  alluded  to,  that  judge  Johnson  remarked  that,  "I 
perceive  in  the  copy  of  LittelPs  laws,  which  has  been  sent 
to  our  chambers,  some  one*  has  had  the  perseverance  to 
go  over  the  legislation  of  Virginia,  relating  to  the  lands  of 
Kentucky;  whilst  under  her  jurisdiction,  and  to  mark  the  va- 
rious senses  to  which  the  word  rights,  has  been  applied 
in  the  course  of  her  legislation.  It  is  curious  to  observe 
how   numerous  they  are." 

It  is  too  grateful  to  the  proper  pride  of  Kentucky,  harrassed 
as  she  has  been  by  the  authority  of  this  high  court,  not  to 
record  its  kind  and  honorable  testimony  to  the  correctness 
of  our  policy  in  this  measure.  It  is  emphatically  an  instance 
of  the  "laudatur  a  laudatis,"of  being  honored  by  the  exalted. 
The  words  of  the  court  are: — "It  is  impossible  to  take  any 
reasonable  exception  to  the  course  of  legislation  pursued  by 
Kentucky,  on  this  subject.  She  has  in  fact  literally  com- 
plied with  the  compact  in  its  most  rigid  construction;  for 
she  adopted  the  very  statute  of  Virginia  in  the  first  instance, 
and  literally  gave  to  her  citizens,  the  full  benefit  of  twenty 
years  to  prosecute  their  suits,  before  she  enacted  the  law 
now  under  consideration."  It  is  due  to  the  memory  of  a 
faithful  public  servant  of  Kentucky,  the  late  Jeroboam  Beau- 
champ,  Esq.,  to  mention,  that  he  is  said  to  have  been  among 
the  first,  who  agitated  this  great  quieting  measure,  though 
drafted   in   legal  nicety   by  Humphrey   Marshall,  Esqr. 

The  historian  would  perhaps  be  culpable  in  omitting  an 
enactment  of  this  session,  importing  that  the  acts  of  the  legis- 
lature should  be  in  force  from  their  passage,  unless  otherwise 
declared  in  the  act. 

The  interval  between  the  session  of  1808-9  to  that  of 
1811-12,  does  not  seem  to  present  much  matter  generally  in 

*  Judge  Rowan. 


HISTORY   OF   H-ENTUCKT.  335 

teresting  to  the  reader.  This  is  a  circumstance,  unfortunately 
for  society,  too  great  a  compliment  to  the  times.  For  so  in- 
capable is  history  of  penetrating  into  the  interior  of  society, 
and  of  presenting  a  true  picture  of  private  feelings,  and  domes- 
tic scenes  which  constitute  its  principal  happiness,  that  its 
topics  are  necessarily  the  striking  and  palpable  acts  of  life. 
The  crimes  and  the  triumphs  of  war,  or  the  desolations  of  dis- 
ease, of  famine  and  poverty,  are  too  truly  some  of  the  clearest 
portraits  of  history.  Its  silence,  then,  is  negative  praise,  in 
an  extended  sense.  Sometimes,  however,  a  civic  wreath  is 
to  be  twined  from  the  success  of  some  patriot  statesman,  or  from 
the  sacred  labors  of  the  philosopher  and  the  philanthropist,  in 
alleviating  the  evils  of  society.  What  matter  of  either  kind 
existed  at  this  time  in  Kentucky,  our  records  are  believed  not  to 
point  out.  True  it  is,  the  general  history  of  the  country  rung 
with  the  outrages  of  France  and  England  upon  our  seamen, 
upon  our  commerce,  and  in  our  ports.  These  properly  belong 
to  the  recorder  of  higher  scenes  and  spheres  of  interest  beyond 
Kentucky.  But  it  is  due  to  the  generous  and  ardent  temper 
of  the  State,  to  declare,  that  removed  as  she  is  from  the  sea 
board,  and  few  as  are  her  sons,  whose  "march  is  on  the  moun- 
tain wave,  and  home  upon  the  deep,"  she  felt,  with  all  her 
Boul,  for  the  insults  and  the  wrongs  of  our  seamen.  Through 
this  page  of  our  national  history,  checkered  with  insults  and 
their  revenge,  it  is  not  permitted  to  the  historian  of  Ken- 
tucky to  wander.  He  has  already  been  led  in  narrating  the 
early  annals  of  the  State,  to  take  a  scope  almost  co-extensive 
with  the  western  country.  So  connected  and  identified  is  the 
early  story  of  our  Commonwealth  with  the  very  rise  and 
growth  of  the  west;  she  has  been,  to  so  great  a  degree,  the 
nursing  mother,  the  focus  of  military  and  political  movement 
among  the  younger  sisters  of  this  portion  of  the  United  States, 
that  this  course  was  unavoidable.  What  early  field  of  battle 
has  not  been  dyed  with  the  blood  of  her  sons?  what  section 
of  the  west  has  not  been  their  honored  grave?  May  these 
primitive  and  holy  ties  of  consanguinity  preserve  their  sacred 
influence  upon  the  sympathy  of  the  western  people,  when  the 


336  HISTORY   OF   KENTUCKy. 

storms  of  political  contention,  and  the  disappointments  incident  to 
all  society,  shall  threaten  to  alienate  the  western  brotherhood 
from  one  another.  If  our  eastern  brethren  shall,  in  a  moment 
of  delusion,  set  at  nought  the  sacred  obligations  and  duties 
of  our  "union  now  and  forever,"  may  the  western  band  pre- 
serve their  loyalty,  to  win  them  back,  and  restore  the  holy 
alliance  of  American  freemen. 

In  the  more  advanced  days  of  our  history,  the  share  of  Ken- 
tucky, in  the  heat  and  the  burden  of  the  day,  becomes  less 
exclusive.  Other  sisters,  and  other  descendants  from  the  Ken- 
tucky stock,  come  in  for  their  ample  and  honorable  share  in  the 
toils  and  the  trials  of  the  times.  The  State  of  Ohio,  now 
in  the  van  of  western  strength  and  enterprise,  and  the  territo- 
ries of  Indiana,  Illinois  and  Missouri,  performed  their  full  parts 
in  the  subsequent  drama  of  north-western  affairs.  These  are 
the  fit  topics  for  their  own  future  historians;  and  the  author 
scorns  ungenerously  to  forestall  labors  for  which  they  will  be 
so  much  better  fitted,  by  superior  light  and  greater  familiarity. 
Let  then  the  historian  of  Indiana  pourtray  the  course  of  events 
which,  on  that  frontier,  led  to  the  Indian  difficulties  of  1811. 
Let  him  narrate  the  bloody  battle  of  Tippecanoe,  so  destructive 
to  the  enemy,  as  well  as  to  ourselves,  in  which  her  Barthjl- 
omew,  her  Decker,  and  her  Parke  distinguished  themselves; 
and  her  Spencer,  Warwick,  McMahon  and  Berry,  with  While, 
of  Illinois,  died  in  her  defence. 

But  while  a  sense  of  historical  duty  points  out  this  course 
the  author  cannot  pass  in  silence  the  grave  of  our  Daviess  and 
Owen,  at  that  hard  fought  field.  When  has  a  more  powerful 
gush  of  feeling  hallowed  the  death  of  a  patriot  soldier,  than  con- 
secrated the  memory  of  Joseph  Hamilton  Daviess.  He  was  a 
man  of  the  highest  cast  of  intellect,  the  fit  competitor  of  our  Cice- 
ronian Clay;  but  it  was  not  on  ordinary  occasions  that  the 
mettle  of  his  character  was  heated.  Let  a  suitable  occasion, 
however,  present  itself  for  exciting  his  high  powers;  and  he 
bearded  George  Nicholas,  when  but  a  stripling,  before  the 
people  of  Mercer,  in  defence  of  the  presidency  of  the  elder 
Adams;  and  when   a  man,  contested   the  palm  with  Henry 


HISTORY   OF   KENTUCKY.  337 

Clay.  Such,  however,  was  the  impression  made  upon  the 
mind  of  an  ardent  admirer*  of  the  latter  gentlenian^'s  exalted 
power,  in  the  case  of  Innes  vs.  Marshall,  a  case  involving 
the  most  intense  political  interest  through  this  Commonwealth. 
The  devotion  of  Daviess  to  the  honor  of  his  country  was  chival- 
rous in  the  highest  degree:  he  would  serve  that  country  in 
despite  of  her  mistaken  frowns.  He  served  her  for  herself, 
and  not  for  the  vulgar  love  of  the  loaves  and  fishes  she  might 
have  at  her  disposal 

Less  eccentricity  of  manners,  and  more  conciliatiou,  would 
have,  it  is  believed,  enabled  Colonel  Daviess  to  have  enriched  his 
country  by  the  practical  fruits  of  his  talents  and  his  zeal.  As 
it  was,  he  lived  and  died  under  the  political  anathema  of  fed- 
eralism, in  the  unfortunate  days  of  its  mistaken  and  misguided 
proscription.  He  was  elected  but  once  from  the  county  of  Mer- 
cer to  the  legislature  of  the  State,  and  ever  afterward  lived  un- 
der the  ban  for  his  federalism,  or  rather  his  opposition  to  the 
character  and  policy  of  President  Jefferson's  administration. 
He  was  the  author  of  a  book  of  "Reflections  Military  and  Politi- 
cal," of  a  most  sententious  and  abstract  character ;  rather  fur- 
nishing topics  and  heads  for  discussion,  than  full  portraits  of 
sentiment.  Its  ardor  of  devotion  to  the  honor  of  his  country, 
breathes  almost  audibly  through  its  pages. 

Of  Colonel  Owen,  the  honest,  the  conscientious  and  most 
respectable  McAfeef  says,  "His  character  was  that  of  a  good 
citizen  and  a  brave  soldier" — no  little  praise  in  a  republic,  and 
in  a  warlike  State.  To  these  departed  spirits  must  be  added, 
Colonel  Geiger,  and  Colonel  Samuel  Wells,  who  headed  a 
small  company  of  the  gallant  young  men  in  the  neighborhood 
of  Louisville,  including  Croghan,  OTalJon,  Shipp,  Chum,  and 
Edwards;  who,  with  Meade  and  Captain  Funk,  all  fleshed  their 
arms  for  wider,  though  not  nobler  fields,  under  the  same  gallant 
and  skillful  Harrison. 

Suffice  it  to  say  for  our  purpose,  that  the  Indians  experienced 
at  the  battle  of  Tippecanoe,  fought  at  their  own  cabins,  and  at 
their  own  time,  with  about  equal  numbers,  a  heavier  loss  than 

»  Captain  J.  Jooitt,  of  Woodford.  t  N"w  Minister  to  ColoniUia. 

2F 


338  HISTORY   OP  KENTUCKY. 

is  known  to  have  ever  been  inflicted  upon  this  subtle  and  fugi- 
tive enemy,  in  any  night  attack,  in  our  history.  At  the  battle 
of  the  Maumee,  fought  in  the  day-time,  under  Wayne,  the  loss 
of  the  Indians  was  loosely  estimated  by  himself,  at  double  his 
own,  which  would  make  sixty-six.  At  Tippecanoe,  thirty-eight 
warriors*  were,  with  all  the  punctilious  care  of  Indians  for 
their  dead,  found  on  the  battle  held,  besides  those  who  were 
either  buried  m  the  town,  or  hid  by  their  frieads,  and  those  who 
must  have  died  of  their  wounds,  j  The  loss  of  our  own  men  was 
fearful  enough;  it  amounted  to  sixty-two,  and  the  total  of  killed 
and  wounded,  one  hundred  and  eighty-eight.  Yet  it  is  only  at 
such  an  expense,  that  an  enemy,  who  can  choose  his  time  and 
place  so  perfectly  at  will,  as  the  Indians,  can  be  made  to  feel 
the  superiority  of  artificial  discipline  over  their  own  rude 
and  ferocious  warfare.  The  moral  eflect  of  this  battle  has 
scarcely  ever  been  attended  to;  yet  it  electrified  the  nation;  it 
drew  the  line  immediately,  broad  and  deep  between  the  true 
lovers  of  their  country,  who  could  but  sympathize  with  her 
triumphs,  and  the  cavillers,  whose  patriotism  was  swallowed  up 
in  faction. 

The  author  may  not  omit  the  resolution  of  the  legislature 
of  Kentucky,  and  the  veteran  Scott,  on  this  battle. — "In  De- 
cember, the  month  after  the  battle,  the  legislature  of  Kentucky, 
on  the  motion  of  J.  H.  Hawkins,  Esq.,  went  into  mourning  for 
the  loss  of  Colonel  Daviess,  Owen,  and  others,  who  had  fallen 
at  Tippecanoe;  and  in  the  same  session,  while  this  battle  was 
the  subject  of  much  discussion,  the  following  resolution,  moved 

*  A  Kickapoo  deputation  to  Governor  Harrison  informed  him,  that  the  Indian  loss, 
independent  of  the  Potawatamies,  wa?  57  killi'd  and  ten  wounded.  They  hkewise 
acknowledsed,  with,  however,  rioiidlfnl  sinreriiy,  Hat  "the  Indians  never  before  sustained 
so  severe  a  defeat,  since  their  arqnnintan'-e  with  the  wliites  "  Dawson's  Life  of  Heneral 
Harrison,  p.  254.— The  Inmiediate  eva-nalion  of  their  town,  which  they  helteved  to  he 
consecrated  from  tlio  dcstrnction  of  the  whites  hy  the  presence  of  the  Prophet,  confirms 
the  ceneral  vinor  of  the  hlow  that  they  had  received.  Tiie  war  chiefs  were  opjiosed  lo 
the  attack;  their  plan  was  to  pretend  an  acquiescence  in  the  demands  of  the  Covernor, 
to  assassinate  him,  ami  then  att.ack  the  army  in  its  consequent  confusion.  Two  Win- 
nebaioes  had  devoted  themselves  to  this  hideous  patriotism.  The  prophet,  more  for- 
tuiiatHly  for  us,  prevnilrrt  upon  them  to  make  n  iii'jht  attack,  under  circumstances  which 
could  scarcely  have  hvm  more  fnvorahje  to  the  effect  of  our  arms  upon  the  enemy; 
Ihouffh  at  80  great  an  expense  to  our  select  corfis.  Governor  Harrison  had,  however, 
determined  not  to  return  without  the  depredators,  or  hostages  for  the  due  observance  of 
peace,  had  a  battle  not  have  taken  place. 

t  An  Indian  interpreter  reported  to  Rener.il  W  nurk.  that  he  saw  30  or  35  Kickapoos 
lyijng  badly  wounded,  from  the  buck  shot,  the  next  rebruary. 


HISTORY  OF  KENTUCKY. 


339 


by  J.  J.  Crittenden,  Esq.,  was  adopted,  with  only  two  or  three 
dissenting  votes:— "fiesoZred,  &c.  That  in  the  late  campaign 
against  the  Indians  on  the  Wabash,  Governor  W.  H.  Harrison 
has,  in  the  opinion  of  this  legislature,  behaved  like  a  hero, 
a  patriot,  and  a  general;  and  that  for  his  cool,  deliberate, 
skillful,  and  gallant  conduct  in  the  late  battle  of  Tippecanoe,  he 
well  deserves  the  warmest  thanks  of  the  nation."* 

"The  veteran  soldier,  Governor  Charles  Scott,  approved 
this  resolution,  which  at  once  gave  tone  to  the  popularity  of 
Harrison,  effectually  turning  the  tide  in  his  favor,  and  reducing 
the  clamor  of  his  enemies  to  private  murmurs.'' 


CHAPTER  XIX. 


Second  term  of  Governor  Shelbv— Petition  of  Daniel  Boon— War  with  Great  Britain- 
First  detachment  of  Kentucky  volunteers — Surrender  of  Detroit — Kentucky  Brevet 
to  General  Harrison— Indian  siege  of  fort  Wayne— Description  of  fort  Wayne— Ex 
nedition  a'ainst  the  Indian  towns — General  Winchester  appointed  to  command  the 
North  Western  arniv— Nature  of  the  country  and  tlieplan  of  the  campaign— Expedi- 
tion of  General  Hopkins— Expedition  of  Colonel  Russell. 

The  term  of  service  of  the  gallant  and  venerable  Scott, 
now  grew  to  a  close;  and  the  patriots  of  Kentucky  turned 
theit  eyes  with  one  accord,  upon  their  first  Governor,  one  of 
the  heroes  of  King's  Mountain,  the  brave  and  energetic 
Shelby.  When  solicited  to  become  a  candidate  for  this  high 
office,  he  consented  on  the  condition,  so  honorable  to  his  love 
of  country,  not  of  indulgences  suited  to  his  advanced  years  and 
ancient  services,  but  "provided  the  United  States  are  involved 
in  war." 

No  ordinary  language  can  do  justice  to  a  patriotism  which 
rests  its  consent  to  serve  one's  country,  not  on  conditions  of 
ease  and  enjoyment;  but  those  of  painful  responsibility  and 
arduous  difficulty,  when  declining  years  might  well  in  ordinary 

♦  Colonel  Daviess  did  not  expert  nn  attack,  as  represented  hy  M'Afee,  in  general  80  well 
informed;  for  he  "was  out  of  humor  on  the  night  before  the  battle,  liecause  there  was 
no  prospect  of  a  fizht.  lie  even  made  this  just  reflection,  that  the  Indians  would  agree 
to  "Harrison's  terms,  and  would,  as  soon  as  the  army  was  withdrawn,  commence  their 
depredations  again."  The  Governor  would  not,  however,  have  returned,  it  has  been 
mentioned,  without  the  depredators  being  given  up,  or  hostages  for  them,  > 


340  HISTORY  OF  KENTUCKr. 

men,  have  demanded  repose.  Isaac  Shelby  was  triumphantly 
elected  for  the  second  time,  Governor  of  Kentucky,  in  Au- 
gust, 1812:  he  chose  Martin  D.  Hardin  Secretary  of  State. 
This  gentleman  was  the  son  of  Col.  John  Hardin,  of  tried  mili- 
tary excellence,  and  who  had  been  perfidiously  killed  on  a  mis- 
sion to  the  Indians. 

During  the  session  of  the  legislature  of  this  year,  a  peti- 
tion was  presented  to  them,  from  the  old  pioneer  of  the  west, 
Daniel  Boone.  It  stated  that,  "unacquainted  with  the  niceties 
of  law,  he  did  not  intend  to  locate  land  for  others;  but  to  take 
up  a  reasonable  portion  of  those  which  were  good,  for  the  use 
of  himself  and  his  posterity. 

"To  this  end,  he,  with  much  struggling,  after  the  country 
became  some  little  settled,  laid  out  the  chief  of  his  little 
property,  to  procure  land  warrants,  and  having  raised  about 
twenty  thousand  dollars,  in  paper  money,  with  which  he 
intended  to  purchase  them :  on  his  way  from  this  country  to 
Richmond,  he  was  robbed  of  the  whole,  and  left  destitute  of 
the  means  of  procuring  more.  The  few  lands  he  afterwards 
was  enabled  to  locate,  were,  through  his  ignorance,  generally 
swallowed  up  and  lost  by  better  claims." 

Under  these  circumstances,  about  1794,  Boone  migrated  "to 
the  Spanish  province  of  Upper  Louisiana,  under  an  assurance 
from  the  Governor,  who  resided  at  St.  Louis,  that  ample  por- 
tions of  land  should  be  given  to  him  and  his  family."  "Ten 
thousand  acres  of  choice  land  were  marked  out,  and  given  to 
him  for  his  own  use,  on  the  Missouri ;  though  the  title  was  not 
completed,  because  that  could  only  be  done  at  New  Orleans, 
as  he  was  Syndic,  or  chief  of  the  district  of  St.  Charles,  and 
honored  by  the  kindness  of  his  superior;  his  actual  residence 
on  the  land  given  him,  which  was  a  usual  condition  of  a  Span- 
ish grant,  was  dispensed  with,  in  consequence  of  his  public 
trust  requiring  his  residence  elsewhere."  "When  your  memo- 
rialist came  to  lay  his  claim  before  the  commissioners  of  land 
claims  in  that  territory  appointed  by  Congress,  they  were  com- 
pelled, from  the  strict  injunctions  by  which  they  were  governed, 
to  reject  it,  for  want  of  cultivation  and  settlement.     Thus  your 


ttlSTOHY  or   KENTUCKY.  341 

memorialist  was  left  once  more;  at  about  the  age  of  eighty,  to 
be  a  wanderer  in  the  world." 

"Having  no  spot  he  can  call  his  own,  whereon  to  lay  his 
bones;  your  memorialist  has  laid  his  case  before  Congress." 
He  therefore  prayed  the  legislature  to  support  his  application 
to  Congress  by  their  aid  and  influence. 

This  memorial  was  committed  to  Messrs.  Y.  Ewing,  Hop- 
kins, Caldwell,  Southgate,  Bullock  and  Walker.  The  report 
submitted  to  the  House  and  adopted  by  all  the  branches  of  the 
government  of  Kentucky,  is  too  honorable  to  its  sensibility, 
and  too  grateful  to  the  moral  feelings  of  every  generous  bosom, 
to  be  be  omitted.     It  is  as  follows: 

"The  legislature  of  Kentucky,  taking  into  view  the  many 
eminent  services  rendered  by  Colonel  Daniel  Boone,  in  explor- 
ing and  settling  the  western  country ;  from  which  great  advan- 
tages have  resulted,  not  only  to  this  State,  but  to  his  country  in 
general ;  and  that  from  circumstances  over  which  he  had  no 
control — he  is  now  reduced  to  poverty,  not  having,  so  far  as 
appears,  an  acre  of  land  out  of  the  vast  territory,  he  has  been 
a  great  instrument  in  peoplmg.  Believing  also,  that  it  is  ae 
unjust  as  it  is  impolitic,  that  useful  enterprise  and  eminent  ser- 
vices, should  go  unrewarded  by  a  government,  wherein  merit 
confers  the  only  distinction;  and  having  sufficient  reason  to 
believe,  that  a  grant  of  ten  thousand  acres  of  land,  which  he 
claims  in  Upper  Louisiana,  would  have  been  confirmed  to 
him  by  tiie  Spanish  government,  had  not  the  said  territory 
passed  by  cession  into  the  hands  of  the  general  government, 
Therefore 

"  J?e.soZrf<?,  By  the  general  assembly  of  the  Commonwealth  of 

Kentucky,  That  our  senators  and  representatives  in  Congress, 

be  requested,  to  make  use  of  their  exertions  to  procure  a  grant 

of  land  in  the  said  territory,  to  said  Boone,  either  to  the  said 

ten  thousand  acres,  to  which  he  appears  to  have  an  equitable 

claim,  from  the  grounds  set  forth  to  this  legislature,  by  way  of 

conlirmatiou,  or  to  such  other  quantity,  and  in  such  place  as 

ahall  be  deemed  most  advisable,  by  way  of  donation. 

'']^esolved,  That  copies  of  these  resolutions  be  transmitted 

2F* 


342  HISTORY   OF   EE>TtrcKT. 

by  the  Governor,  to  our  senators  and  representatives  in  Con- 
gress, together  with  copies  of  the  memorial  of  said  Boone,  to 
this  legislature  for  their  further  information." 

This  interposition,  so  eminently  due  from  the  gratitude  of 
Kentucky,  was  attended  with  the  success  its  unparalled  merits 
demanded.  Congress,  by  an  act  of  February  10th,  1814,  ful- 
filled the  gratitude  of  the  western  country,  if  not  of  the  whole 
republic,  to  the  simple,  guileless  spirit,  united  to  keen  sagacity 
and  generous  bravery,  who  had  been  one  of  the  first  explorers, 
and  "among  the  principal  defenders  of  the  infant  fortunes  of 
Kentucky,  by  granting  Boone  a  thousand  arpens  of  land*— t- 

The  Indian  difficulties  on  the  Indiana  frontier,  which  pro- 
duced the  battle  of  Tippecanoe,  just  alluded  to,  were  the^  pre- 
lude to  the  hostilities  which  were  declared  by  the  United 
States  against  Great  Britain,  on  the  r2th  of  June,  1812. 

The  Indians,  as  had  ever  been  their  practice  in  the  wars  be- 
tween the  European  nations  in  their  neighborhood,  engaged  as 
parties;  and  generally  in  favor  of  the  British. 

Several  considerations  might  naturally  produce  this  result; 
The  British,  as  the  weaker  power,  numerically,  on  this  conti- 
nent, and  greatly  more  lavish  in  bounties  to  the  Indians  than 
the  Americans,  possessed  a  stronger  hold  upon  their  affections. 
The  superior  growth  of  the  American  settlements,  and  the  Jong 

*Land  Law,  United  Statcs-642. 

tit  is  lamentable  to  relate,  that  Boone  vas  obliired  to  surrender  this  late  grant  from 
,hlti>mnf  hi"coHntrv-,toreiinb«rse  a  Kentuckian  who  had  purchased  ^nd  of  hm, 
Thi^had  been  lost  in  the  .nazes  of  Virginia  land  law,  and  the  loss  fell  upon  Boone  as  the 

"^  lirav  be°Ld e'dl'lloone  declared,  that  all  his  lands  in  Kentucky  had  ;_'proved  an  injujy 

to  1  im  rather  iha^  aKnefit,  owing  to  the  uncertainty  of  his  locations,"  according  to  the 

ruleooV Taw     Tlf abandoned  Kentucky  in  despair  of  ever  enjoy.ne  any  land  there,  and 

J    1    1,1  7...  ii>0  tt'pst  side  of  the  Mississippi,  he  would  never  recross  it." 

'*Th  :  oa"  V  htmtel  w  1  a  plain    en.leiilanly  man  of  good  meniory,  mild  and  equable^ 

^1-j  i,»  ,««cU«  -.nv  of  the  slovenlv  habits  of  the  hack-woods  character.    He  was 

""IffprPnir^onevmnnes    and  left  all  his  land  papers  in  the  hands  of  Colonel  J. 

V".„„^   onXr^ath"^  into  them  askin.    The  love  of  the  chase  was 

^^?;,1^»;^*     '  'n    in  death"\e  adhered  to  it,  till  he  was  too  weak  .0  encounter 

ilspr    aiinsand  hardships;  when  his  friends  had  to  resort  to  strataEems,  to  p  event  an 

n^nliencc  'oo  dan-ernns  for  his  advanced  aje  and  increased  debihty     He  lixed  and 

d"ed  with  a  favorite  child,  passing  his  time  among  all  his  children  who  lived  near  hun,. 

in  the  State  of  Mis^xri.-    Boone,  though  an  intrepid  and  sagacious  pioneer,  never  was  a 

ead  ng  ch  ef  in  the  request  and  settlement  of  Kentucky.    This  is  »  l.^P'li?;  ^^'^^^^ 

Geo  "e  Roi-ers  Clark  was'ihe  great  chisf,  by  pe.,eral  consent  and  after  him,  F  o>d^  John 

lev     and  Robert  To.l,l;I(.  Logan;  Hardin;  Cbri.tian  and  U  hiUey,  were  the  mditory 

l^ders     Colonel  Christian  had  scarcely  connected  himself  with  Kentucky,  when  hewa» 

iSled  by  the  Indians:  he  had  distinguished  himself  against  the  Indians  on  the  Tenneseoe. 

J  Letter  from  Judge  David  Todd,  of  Miaouri,  to  the  author. 


HISTOKY   OF  KENTUCKY.  343 

and  recent  hostilities  waged  with  our  people,  necessarily  made 
us  obnoxious  to  their  fears  and  to  their  hate. 

Through  the  operation  of  these  causes,  shortly  after  the 
commencement  of  the  war  with  Great  Britain,  the  Indians, 
from  the  lakes  to  the  Mississippi,  spread  their  devastations 
along  the  whole  north-western  frontier  of  the  United  States. 
Kentucky  was  hei^self  beyond  their  reach ;  she  was  covered  by 
the  panoply  of  her  own  children,  who  had  emigrated  to  the  new 
States  on  the  north-west  of  the  Ohio  river.  Her  feelintrs,  how- 
ever,  were  as  keenly  alive  to  the  sufferings  of  the  frontier  peo- 
ple, as  when  her  own  soil  had  been  the  theatre  of  the  bar- 
barous hostilities  waged  by  the  savages  of  North  America. 

The  first  efforts  required  of  Kentucky  in  this  second  British 
war  were,  to  detach  tifteen  hundred  men  from  her  quota  of  five 
thousand  five  hundred  in  the  call   of  one   hundred  thousand 
from  the  confederacy.     These,  consisting  of  volunteers  under 
Colonels  John  M.  Scott,  William  Lewis,  and  John  Allen ;  and 
with  a  regiment  of  regulars   commanded  by  Samuel  Wells, 
(the  ancient  friend  of  Colonel  Floyd,  in  his  defeat,)  rendez- 
voused at  Georgetown,  on  the  15th  of  August,  1812.     Brigadier 
General  John  Payne  took  conmiand  of  the  brigade.     The  over- 
flowing ardor  of  the  people  of  Kentucky,  swelled  this  body 
of  troops  to  two  thousand  men,  a  regiment  beyond  the  number 
required.     They  were  composed  of  the  very  elite  of  our  popu- 
lation, embracing  several  of  the  brightest  ornaments  of  pro- 
fessional  men,  as   well  as   the   fairest    promise    among    the 
young;  the  very  flower  of  life,  and  of  Kentucky.     The  troops 
proceeded  to  Newport,  burning  to  avenge  the  wrongs  of  their 
country;  and  ambitiously  anticipating  a  junction  with  General 
Hull,  who  was  supposed  to  be  at  Maiden  or  Detroit.     Bitter 
indeed  was  their  disappointment,  and  distressing  their  mortifi- 
cation, when  on  reaching  the  Ohio  river,  they  learned  the  das- 
tardly and  disgraceful  surrender  of  Detroit,  and  the  jMichigan 
Territory,  by  General  Hull,  to  the  British  officer.  General 
Brock. 

With  this  surrender  was  coupled  that  of  three  fine  Ohio 
regiments,  under  Colonels  Findlay,  McArthur,  and  Cass;  who 


344  HisTORr  OP  kentuckt. 

have  since  risen  so  high,  and  deservedly,  in  the  honors  of  their 
country. 

These  regiments  contained  the  same  choice  spirits  of  the 
solid  and  gallant  people  of  Ohio,  that  had  so  eagerly  rushed  to 
the  standard  of  their  country  in  Kentucky.  The  loss  of  this 
fine  corps  of  men  crippled  the  military  resources  of  the  State, 
most  materially,  frontier  as  she  was,  in  subsequent  requisitions 
of  the  service. 

The  shock  to  the  whole  western  country  was  electric  indeed, 
the  anticipation  of  Indian  devastation  was  equalled  by  the 
mournful  results.  The  western  country  put  on  its  armor,  the 
land  bristled  with  the  weapons  of  war,  and  military  ardor 
animated  all  classes  of  people.  The  residue  of  the  Ken- 
tucky quota  was  ordered  into  service,  to  be  placed  under 
General  Harrison,  who  had  command  of  all  the  troops  in 
the  Indiana  and  Illinois  territories;  and  who  now  meditated 
a  campaign  against  the  Indians  on  the  Illinois  river. 

This  officer,  a  pupil  of  the  energetic  Wayne  in  '92,  had 
distinguished  himself  gallantly  and  efficiently  in  the  hard 
fought  battle  of  Tippecanoe;  he  visited  Frankfort,  by  desire 
of  Governor  Scott,*  to  make  arrangements  for  the  march 
of  the  Kentucky  detachment.  Letters  were  now  received 
at  the  above  mentioned  place,  as  well  as  at  Cincinnati,  from 
the  officers  on  duty  under  General  Hull,  expressive  of  their 
loss  of  confidence  in  their  commander;  and  conveying  "their 
apprehension  of  some  fatal  disaster  from  his  miserable  ar- 
rangements, and  apparent  imbecility  and  cowai'dice."  These 
communications  likewise  conveyed  the  ardent  wishes  of  the 
writers,  that  General  Harrison  should  have  the  command;  and 
it  was  equally  the  desire  of  the  detachment  marching  ta 
Detroit.  Still  there  were  considerable  obstacles  to  regai-ding 
these  recommendations;  so  strong  in  favor  of  an  officer,  who 
was  to  be  placed  over  volunteers,  at  the  opening  of  a  war 
which  was  so  popular  in  the  west.  Governor  Harrison  was 
not  a  citizen  of  Kentucky,  much  less  an  officer  in  her  milhia. 
The  crisis,  hov/evcr,  demanded  energy;  and  Governor  Scott^ 

■  M'Afcc,  p,  )07.    Dawson 'a  Life  of  Harrison,  272. 


HISTORT  OF   KENTUCKr.  345 

though  he  had  but  two  days  of  his  gubernatorial  term  remain- 
ino^,  had  been  the  veteran  of  too  many  fields,  not  to  exert  every 
resource  required  by  the  emergency. 

In  this  embarrassment,  he  called  upon  his  venerable  fellow 
warrior  and  successor,  Governor  Shelby;  his  predecessor, 
Governor  Greenup ;  Henry  Clay,  then  Speaker  of  the  House  of 
Representatives;  Judge  Todd,  of  the  Supreme  court  of  the 
United  States;  Hon.  R.  M.  Johnson,  and  General  Samuel  Hop- 
kins, with  several  other  distinguished  citizens,  for  their  advice 
in  this  delicate  exercise  of  authority.  "It  was  unanimously 
resolved  to  recommend  to  Governor  Scott  to  give  Harrison  a 
brevet  commission  of  Major  General  in  the  militia  of  Kentucky, 
and  authorize  him  to  take  command  of  the  detachment  now 
marching  to  Detroit." 

The  recommendation  was  complied  with ;  and  General  Har- 
rison was  appointed*  to  this  important  command,  which  he 
immediately  assumed,  to  the  most  enthusiastic  delight  of  the 
troops.  In  addition  to  this  body  of  men,  on  the  25th  of  August,^ 
a  corps  of  mounted  men  were  called  for,  to  march  without 
delay.  The  Colonels  Johnson,  both  Richard  M.  (since  grown 
old  in  long,  faithful,  and  honorable  services  to  Kentucky  and  the 
United  States,)  and  his  elder  brother,  James,  with  Captain  John 
Arnold,  a  veteran  of  '94,  in  a  few  days,  raised  overflowing 
companies  of  mounted  riflemen;  and  joined  the  main  army. 

To  provide  for  the  defence  of  Indiana,  a  large  corps  of 
mounted  men,  under  the  command  of  General  Hopkins,!  of  the 
revolutionary  army,  was  ordered  to  "repair  immediately  to  Vin- 
cennes." 

At  this  time  Kentucky  had  the  proud  number  of  more  than 
"seven  thousand  of  her  citizens  in  the  field ;"{  a  fact  evincing 
the  military  ardor  of  her  people,  more  than  volumes  of  narra- 
tion. She  was,  in  fact,  a  State  in  arms.  It  was  amidst  this 
bright  fire  of  military  spirit  in  the  western  country,  itself  so 
detached  from  the  observation  and  the  orders  of  the  general 

*  See  Governor  Scott's  order,  in  Appendix. 

tTliis  offirer  had  been  designated  to  command  the  whole  detachment  subsequently 
placed  under  General  Harrison. 
I  M'Afee,  in. 


346  HISTORY  OF  KENTUCKY. 

government;  that  Governor  Shelby,  who  had  now  succeeded 
Governor  Scott,  urged  on  the  war  department  the  revival  of  a 
local  board  of  war.  This  measure,  it  will  be  recollected,  had 
been  authorized  under  the  administration  of  General  Washing- 
ton. Governor  Shelby's  idea  was,*  "appointing  a  board  of 
respectable  characters,  resident  in  the  western  country,  respon- 
sible to  the"  President,  "in  any  way  it  shall  be  his  pleasure  to 
direct,  with  power  to  call  into  service,  under  the  laws  of  Con- 
gress, the  militia  which  may  be  required;"  "to  direct  their 
operations  either  of  offence  or  defence;  to  require  from  the 
department  of  war,  all  the  munitions  of  war  necessary  for  the 
supply  of  the  troops,  and  all  necessary  equipments;  to  have 
control  over  the  subordinate  agents  of  the  war  department 
within  the  district  assigned  them ;  and  to  make  it  the  duty  of 
the  board  to  report  to  the  department  of  war,  from  time  to  time, 
the  measures  by  them  adopted."  This  proposition  does  not 
i  eem  to  have  been  relished  in  the  cabinet  of  President  Madi- 
son; though  it  was  not  directly  repelled.  The  Secretary  at 
War  adroitly  remarked!  upon  it,  in  his  reply  to  the  Governor, 
*^that  whether"  such  a  board  "could  be  clothed  with  the  powers 
suggested,  is  a  question  requiring  consideration."  He  added, 
that  "it  has  been  determined  to  vest  the  command  of  all  the 
forces  on  the  western  and  northwestern  frontier  in  an  officer, 
whose  military  character  and  knowledge  of  the  country  appear 
to  be  combined  with  the  public  confidencci  General  Harrison 
has  accordingly  been  appointed  to  the  chief  command,  with 
authority  to  employ  officers,  and  to  draw  from  the  public,  and 
every  other  practicable  source,  all  the  means  of  effecting  the 
object  of  his  command :"  an  extent  of  command  and  of  discre- 
tion, which  implied  the  most .  unreserved  confidence  of  the 
administration  in  the  skill  and  the  zeal  of  General  Harrison. 
It  was  most  richly  merited,  and  gallantly  repaid ;  by  this  com- 
mand the  General  was  replaced  on  a  theatre  which  he  had 
occupied  twenty  years  before. 

On  the  3d  of  September,  the  troops  arrived  at  Piqua ;  a  town 

*  Letter  to  Secretary  Eustis,  September  5th,  1812. 

t  Letter  of  Berretary  Eustis  to  Governor  Shelby,  of  the  17th  Seirtember,  1812. 


HISTORY  OF  KENTUCKY.  347 

eighty  miles  from  Cincinnati,  and  only  three  miles  from  the 
extreme  frontier.  It  is  situated  on  the  bank  of  the  Great 
Miami,  and  had  formerly  constituted  an  object;  now  it  was 
only  a  stage  in  the  military  operations  of  Kentucky.  Here 
General  Harrison,  learning  that  Fort  Wayne,  was  invested  by 
the  Indians;  detached  "Colonel  Allen's  regiment,  with  two 
companies  from  Lewis'  and  one  from  Scott's  regiment,  with 
instructions  to  make  forced  marches  for  its  relief"  A  body 
of  seven  hundred  mounted  men,  under  command  of  Colonel 
Adams,  of  the  Ohio  militia,  after  their  late  exhaustion  by  the 
imbecility  of  Hull,  advanced  as  far  as  the  St.  Mary's,  with  the 
same  view.  It  embraced  the  first  and  most  respectable  charac- 
ters of  the  State  and  of  Cincinnati :  the  fervor  which  animated 
Kentucky  had  its  full  counterpart  in  the  feelings  of  the  next 
eldest  sister  of  the  western  family.  "Such,  indeed,  was  the 
ardor  of  the  citizens  to  serve  in  this  way,  that  every  road  to 
the  frontiers  was  crowded  with  unsolicited  volunteers."  "On 
the  evening  of  the  4th,  General  Harrison  received  further 
intelligence,  that  a  British  and  Indian  force  had  left  Maiden  on 
the  18th  of  August,  to  join  the  Indians  already'^'  engaged  in  the 
.siege  of  Fort  Wayne. 

On  the  6th,  after  receiving  a  supply  of  Jlints,  which  had 
been  utterly  wanting,  the  troops  made  forced  marches  till,  on 
the  8th,  they  overtook  Colonel  Allen's  regiment  at  the  St. 
Mary's.  At  this  point  he  had  halted,  by  orders  from  the 
General,  to  build  blockhouses  for  the  security  of  provisions  and 
the  protection  of  the  sick."  From  this  time,  the  troops, 
including  the  corps  of  mounted  volunteers,  now  "two  thousand 
two  iiundred  strong,"  were  placed  on  half  rations. 

While  at  Piqua,  a  Shawnee  half  blood  by  the  name  of  Logan, 
(a  former  captive  to  General  Logan,  of  Kentucky,)  at  the  desire 
of  the  Indian  agent,  penetrated  through  the  Indian  force  to 
Fort  Wayne.  He  brought  intelligence  of  the  actual  siege,  and 
that  the  British  reinforcement  had  not  passed  up  the  Maumee. 
The  Indians  had  not  been  inattentive  to  ascertaining  the 
movements  of  our  troops:  their  scouts  from  Fort  Wayne  had 
not  been  able  to  get  round  our  camp  before  daybreak.     They 


348  HISTORY  OF   KENTUCKY. 

returned  to  their  fellow  warriors  with  the  exclamation,  that 
"Kentuc  was  coming,  as  numerous  as  the  trees!"  The  army 
now  advanced  at  a  slow  rate ;  "scouts  were  placed  from  half  a 
mile  to  a  mile  in  front,  and  also  beyond  the  right  and  left 
flanks."  By  the  11th  instant,  the  fort  was  approached  by  our 
troops  within  twenty  miles;  and  when  the  army  had  halted,  the 
whole  encampment  was  immediately  "fortified  with  a  breast- 
work of  logs,  and  the  brush  cleared  away  for  thirty  paces  on 
the  outside."  During  the  night,  the  alarms  of  Indians  "attempt- 
ing to  approach  and  examine  the  camp"  were  frequent. 

Early  the  next  morning,  the  troops  were  in  motion,  fully 
expecting  to  meet  the  Indians  at  a  remarkable  swamp,  five 
miles  on  this  side  of  Fort  Wayne.  As  the  army  approached 
this  critical  passage,  the  horsemen  under  Adams  and  Johnson 
(the  latter  of  whom  had  been  elected  Major)  were  ordered  to 
march  round  it  on  the  right  and  left;  while  the  main  army 
passed  over.  At  this  passage,  the  swamp  was  only  one 
hundred  yards  wide;  although  generally  it  was  three  times 
this  distance  in  breadth,  and  about  one  mile  in  length.  Our 
troops  passed  without  the  least  sign  of  an  Indian,  until  they 
got  through;  where  they  found  the  marks  of  a  recent  Indian 
encampment.  A  single  Indian  was  the  only  vestige  of  the 
late  besieging  army;  most  of  whom  had  fled  the  previous  even- 
ing, and  some  only  a  few  minutes  before  the  appearance  of 
the  army.  Could  confidence  in  their  own  military  arts  be 
exhibited  more  undauntedly,  than  by  these  facts?  About  two 
hours  before  sunset,  the  troops  arrived  at  the  fort,  to  the  great 
relief  of  its  harrassed  garrison. 

This  spot,  so  remarkable  in  the  history  of  the  western 
country,  richly  deserves  a  brief  description.  It  is  delightfully 
situated  below  the  junction  of  the  St.  Mary's  and  the  St. 
Joseph's,  on  the  south  side.  It  was  known  to  the  French,  as 
Ome*,  and  was  the  principal  town  of  the  Miamis,  for  more 
than  a  century;  it  had  been  the  principal  rcnde/.vous  for  the 
Indians  of  the  lakes,  and  of  the  Wabash  and  the  Illinois.     The 

*  A  rorrupt  ortliograpliy  and  aliridmnont  of  the  Frcncli  term  A\i,  or  Aux  Miamis;  as 
Au  Cas  id  a  corruption  of  Ati  Kaslvaskias/to  Kaskusltia. 


IIISTORT   OF  KENTUCKY.  349 

French  traders  had  frequented  it  betbre  1755.  The  conve- 
niences of  navigation  from  this  point,  had  no  doubt,  principally 
contributed  to  make  it  a  resort  to  such  extent.  "The  IMiami," 
or  Maumee,  to  distinguish  it  from  the  Miami  rivers  of  the 
Ohio,  "is  navigable  for  boats  from  this  place  to  the  lake,  and 
tlie  portage  to  the  nearest  navigable  branch  of  tha  Wabash,  is 
but  seven  or  eight  miles,  through  a  level,  marshy  prairie,  from 
which  the  water  runs  both  to  the  Wabash  and  St.  Mary's." 

The  next  day  after  the  arrival  of  the  army,  it  was  deter- 
mined to  divide  it  into  two  corps;  and  to  proceed  "in  quest 
of  the  Indians  and  their  towns.  The  first  division  was  com- 
posed of  the  regiments  of  Lewis  and  Allen,  and  Captain  Gar- 
rard's troop  of  horse,  under  General  Payne,  and  accompanied 
by  General  Harrison."*  The  second  was  placed  under  Colonel 
Wells,  with  a  battalion  of  his  own  regiment,  under  jMajor 
Davenport;  Scott's  regiment,  the  mounted  battalion,  under 
Johnson,  and  the  mounted  men  from  Ohio  under  Adams,  com- 
posed the  second  detachment."  The  principal  intention  of 
these  expeditions  was,  to  destroy  the  provisions  of  the  Indians, 
*'so  that  they  could  not  find  the  means  of  subsistence."  "The 
party  under  General  Payne  having  traversed  a  fine  region  of 
country,  arrived  on  the  15th  at  the  village  in  the  forks," 
which  had  been  abandoned  by  the  Indians.  They  encamped 
in  the  town,  and  cut  up  the  corn  and  other  vegetables  in  the 
fields." 

Merciless  as  these  hostilities  seem,  what  other  blows  could  be 
struck  against  an  enem}',  so  Parthian  in  its  -movements,  and  yet 
so  ferocious  in  its  warfare  ?  Still  they  must  have  materially  ex- 
asperated the  minds  of  the  Indians,  and  whetted  their  appetite 
for  new  and  fiercer  outrages  upon  the  whites.  It  is  the  melan- 
choly character  of  retaliation,  to  know  no  termination  to  its 
horrors;  and  to  increase  its  dreadful  fury,  by  every  additional 
gratification.  Other  towns  shared  the  same  fate,  without  our 
having  lost  a  man,  or  having  seen  a  living  Indian. 

"The  toittb  of  a  chief,  built  of  logs  and  daubed  with  clay, 
■was  found  in  one  of  these  villages.    He  was- laid  on  his  blan- 

♦  Mc.'Vfee,  127 

2G 


350  HISTORY    OF   KENTIJCKV. 

ket,  with  his  gun  and  his  pipe  by  his  side,  a  small  tin  pan  on 
his  breast,  containing  a  wooden  spoon  and  a  number  of  ear 
rings  and  broaches — all  deemed  necessary,  no  doubt,  on  his 
journey  to  the  other  world." 

The  party  under  Colonel  Wells  had  to  march  about  sixty 
miles  to  the  town  against  which  they  were  sent.  On  the  16th, 
having  crossed  the  Elkhart,  (a  branch  of  the  St.  Joseph's,  of 
Lake  Michigan,)  above  the  village,  "the  troops  surrounded  the 
town,  but  to  their  deep  mortification,  found  it  abandoned,  with 
abundance  of  provisions  in  it.  "This  village  was  called  Five 
Medals,  from  a  chief  of  that  name,  who  made  it  his  residence. 
On  a  pole  before  the  door  of  that  chiePs  cabin,  a  red  flag  was 
hung,  with  a  broom  tied  above  it ;  and  on  another  pole  at  the 
tomb  of  an  old  woman,  a  white  flag  was  flying.  The  body  of 
the  old  woman  was  placed  upright,  with  her  face  to  the  east,  and 
a  basket  beside  her  containing  trinkets;  such  as  owl  and  hawk 
bills,  claws,  and  a  variety  of  bones,  and  bunches  of  roots  tied 
together:  all  of  which  indicated  that  she  had  been  revered  as  a 
sorceress,  and  probably  as  a  doctress."  In  proof  of  the  intelli- 
gence which  the  enemy  procured,  it  must  be  mentioned,  that  a 
Cincinnati  newspaper,  containing  an  account  of  General  Har- 
rison's army,  was  found  in  one  of  the  Indian  huts.  The  vil- 
lage, with  seventy  acres  of  corn,  was  all  destroyed.  The 
troops  returned  to  the  fort  by  the  18th,  "a  few  hours  after  the 
party  under  Gen.  Payne." 

By  the  17th,  Colonel  Simrall,  at  the  head  of  a  regiment  of 
three  hundred  and  twenty  dragoons,  armed  with  muskets,  and 
a  company  of  mounted  riflemen,  under  Colonel  Farrow,  of 
Montgomery  county,  Kentucky,  arrived  at  Fort  Wayne.  This 
re-enforcement  was  immediately  despatched  against  the  town 
of  Little  Turtle,  about  twenty  miles  to  the  north-west,  with 
orders  to  destroy  it  all  except  the  buildings  erected  by  the 
Unfted  States,  for  the  chief  of  that  name.  This  chief  had 
shown  a  friendship  for  the  Americans  after  the  treaty  of  Green- 
ville, in  1795;  which  had  contributed  greatly  to  the  preservation 
of  peace.     The  orders  of  Colonel  Simrall  were  executed  "with 


HISTORY   OF   KENTUCKY.  351 

promptness  and  despatch,  and  on  the  19th  he  returned  in  the 
evening  to  the  fort." 

Brigadier  General  Winchester,  of  the  United  States  Ar- 
my,  now  arrived  to  take  command  of  the  troops,  by  orders 
from  the  department  of  war;*  then  uninformed  of  the  sur- 
render of  Hull,  or  the  appointment  of  General  Harrison. 
This  collision  in  command,  had  a  most  unhappy  effect  upon 
the  troops;  for.  the  character  of  militia  above  all  others,  re- 
quires their  feelings  and  affections  to  be  consulted  in  the 
appointment  of  their  officers,  in  order  to  command  their  full 
exertions.  It  took  all  the  influence  of  General  Harrison  and 
the  field  officers,  to  reconcile  the  men  to  this  change  in 
their  commander.  This  may  well  be  conceived  from  the 
following  honorable  testimony  by  General  M'Afee,!  himself 
an  actor  in  these  busy  scenes.  "He  was  affable  and  cour- 
teous in  his  manners,  and  indefatigable  in  his  attention  to 
every  branch  of  business.  His  soldiers  seemed  to  anticipate 
the  wishes  of  their  General.  It  was  only  necessary  to  be 
known,  that  he  wished  something  done,  and  all  were  anx- 
ious to  risk  their  lives  in  its  accomplishment.  His  men  would 
have  fought  better  and  suffered  more  with  him,  than  with 
any  other   general    in  America." 

On  the  19th  the  command  of  the  troops  was  transferred 
by  a  general  order  of  Harrison,  to  Winchester;  at  the  same 
time,  any  troops  deemed  necessary  to  the  plans  of  his  suc- 
cessor, were  magnanimously  offered  by  the  former  officer. 
He  now  returned  "to  take  command  of  the  troops  collect- 
ing in  the  rear,  and  to  prepare  for  a  mounted  expedition 
against  Detroit.  He  intended  to  make  a  coup  de  main|  on 
that  place,  with  a  mounted  force,  which  should  march  by 
an  unfrequented  route  from  Fort  AV'aync,  up  the  St.  Joseph's 
to  the  head  waters  of  the  river  Raisin."  The  troops  with 
which  this  expedition  was  intended  to  be  made,  "were  the 
three  regiments  from  Kentucky,  under  Barbec,  Poague  and 
Jennings,  with  three  companies  of  mounted  riflemen  from 
the  same  State,  under   captains   Roper,    Bacon    and    Clarke, 

*  Dawson,  291.    f  M'Afcc,  131.     J. A. sudden  and  rapid  attack  on  an  enemy. 


352  HisTOEr  OF  Kentucky. 

and  a  corps  of  mounted  men  from  Ohio.  The  latter  was 
commanded  by  Colonel  Finley,  of  the  revolutionary  ser- 
vice. 

This  alert  movement  was,  however,  modified  by  a  com- 
munication from  the  war  department,  on  the  24th  of  Sep- 
tember, appointing  General  Harrison,  "to  the  command  of 
the  north-western  army,"  which  was  promised  to  be  fil- 
led up  to  the  number  of  ten  thousand  men.  This  des- 
patch contained  this  more  pregnant  instruction,  that,  "Hav- 
ing provided  for  the  protection  of  the  western  frontier,  you 
will  retake  Detroit,  and  with  a  view  to  the  conquest  of 
Upper  Canada,  you  will  penetrate  that  country  as  far  as 
the  force  under  your  command  will,  in  your  judgment 
justify."  This  strain  of  unqualified  and  high  expectation  on 
the  part  of  tlie  administration,  was  corroborated  by  another 
despatch  of  the  23d  inst.,  to  the  following  purport:  "You 
are  already  apprized  of  the  solicitude  of  the  government, 
that  every  thing  that  can  be  done,  shall  be  done,  towards 
recovering  the  ground  lost,  and  extending  successful  opera- 
tions in  Canada."  Still  most  honorable  discretion  was  left 
to  the  superior  information  and  judgment  of  the  General  on 
the  spot;  and  the  contractor,  commissary,  and  quartermaster's 
departments  were  placed  under  his  orders.  The  extent  of 
this  command,  and  the  difficulties  attendant  upon  it,  merit 
particular  attention,  in  order  to  appreciate  its  discharge. 
The  territory  itself  extended  from  the  western  frontier  of 
Pennsylvania,  to  the  territory  of  Missouri  inclusive;  the  popu- 
lation was  sparse  and  scattered,  the  principal  enemy,  that 
was  to  be  attacked,  was  separated  by  a  swampy  wilderness 
of  two  hundred  miles  in  extent,  almost  impassably  deep  in 
a  wet  season;  tlie  country  generally  the  seat  of  the  fierce  and 
wily  savages  of  the  north-west.  The  troops  to  be  employed 
against  these  antagonists,  though  of  vigorous  and  manly  bra- 
very, were  undiciplined,  and  most  ill  provided  for  a  win- 
ter campaign  in  this  high  northern  latitude.  Such  is  a  feint 
sketch  of  the  obstacles  to  success,  in  executing  the  high 
military  trust,  now  confided   with   so    much   patriotic    hope, 


HISTORY   OF   KEXTrCKV.  353 

to  our  young  western  General.  The  plan  adopted  to  meet 
the  duties  incumbent  upon  him  was,  to  collect  the  troops 
at  four  points,  Wooster,  Urbanna,  Fort  Defiance  and  St. 
Mary's.  From  these  points  the  object  of  concentration  for 
his  troops,  was  the  rapids  of  the  Maumee.  The  forced  ex- 
pedition at  first  adopted  against  Detroit,  was  now  abandoned; 
because  the  infantry  could  not  be  in  readiness  to  secure, 
and  retain  the   acquisition,   should   it  be   made. 

The  base  line  of  the  new  campaign,  was,  one  drawn  from 
Upper  Sandusky  along  the  southerly  side  of  the  swampy  dis- 
trict, to  St.  Mary's,  at  the  head  of  the  river  of  the  same 
name.  These  two  places,  with  Fort  M' Arthur  between  them, 
were  intended  as  the  depots  for  provisions,  artillery  and  mili- 
tary stores.  The  troops  at  Defiance,  in  the  fork  of  the 
Au  Glaize  and  the  Maumee,  were  intended  to  act  as  a 
corps  of  observation ;  and  when  the  artillery  should  be  brought 
to  Upper  Sandusky,  then  they  were  to  advance  to  the  Rapids. 
At  Lower  Sandusky,  a  corps  of  observation  was  also  sta- 
tioned, which,  with  that  at  Defiance,  would  form  the  ex- 
tremeties  of  a  new  military  base,  when  the  army  should 
have  reached  the  advanced  position  mentioned  on  the  Maumee. 
These  arrangements  covered  the  frontiers  bv  the  different 
corps,  and  kept  the  troops  within  the  bounds  of  the  ordi- 
nary contractors;  while  tlie  quarter-masters  were  accumu- 
lating provisions  farther  in  advance,  and  procuring  means 
of  transportation  across  the  difficult  district  of  countiy,  so 
well  termed   the   black   swamp. 

General  Winchester  was  left  at  Fort  Wayne,  in  the  com- 
mand of  the  troops  surrendered  to  him  by  General  Harrison. 
The  latter  officer  had  proceeded  to  St.  Mary's,  where  about 
three  thousand  men  were  collected,  for  the  purpose  of  the 
expedition  against  Detroit  already  alluded  to.  This  expe- 
dition, it  will  be  recollected,  had  been  abandoned  by  the  com- 
manding General,  for  reasons  which  have  been  already  as- 
signed. Whilst  in  this  position,  information*  was  receiv- 
ed   by   Quarter-master    Thomas    D.    Carneal,   that  a    large 

*  Dawson,  306. 

2G* 


354  HISTORY   OF   KENTUCKY. 

force  of  British  and  Indians,  witli  artillery,  was  passing  up 
the  left  bank  of  the  Maumee,  towards  Fort  Wayne.  General 
Harrison  immediately  determined  by  a  rapid  march  upon  the 
confluence  of  the  Au  Giaize  with  the  Maumee,  to  try  and  inter- 
cept the  return  of  this  detachment,  knowing  it  would  be  met  in 
front  by  the  corps  of  Winchester.  The  force  under  the  im- 
mediate command  of  the  General  at  tliis  time,  consisted  of 
some  troops  of  cavalry  from  Ohio  and  Kentucky ;  the  mounted 
corps  of  Finley"*  of  the  former  State,  and  of  R.  M.  Johnson, 
belonging  to  the  latter;  together  with  the  infantry  regiments 
of  Poague,  Barber,  and  Jennings.  The  latter  officer  with 
his  regiment,  had  previously  been  detached  to  erect  an  inter- 
mediate post  between  St.  Mary's  and  the  confluence  of  the 
Au  Giaize,  called  Fort  Jennings. 

On  the  30th  of  September,  General  Harrison  set  out  on  the 
proposed  expedition;  apprehensive  that  the  infantry  would  too 
much  retard  his  progress,  after  the  first  day's  march,  the 
two  regiments  were  ordered  to  return;  and  the  General,  at 
the  head  of  the  cavalry,  continued  his  march.  No  weather, 
or  condition  of  a  country  could  be  more  trying  to  the  feelings 
and  the  subordination  of  irregular  troops,  than  during  this 
forced  expedition  of  General  Harrison.  The  rain  fell  in  tor- 
rents; the  flat  beech  woods  were  covered  with  water;  and 
they  were  so  swampy  that  the  horses  sank  half  leg  deep  at 
every  step.  On  the  close  of  the  second  day's  march,  the 
troops  encamped  in  a  bottom  of  the  Au  Giaize.  ' 

"A  description  of  the  bivouac  of  this  night  will  serve  for 
that  of  many  similar  ones  which  were  passed  by  the  Gen- 
eral and  his  troops  during  this  campaign,  with  the  excep- 
tion of  the  increase  of  suflTcring  from  the  severe  cold  of 
winter.  The  troops  being  on  a  forced  march,  were  not 
suffered  to  encamp,  as  long  as  there  was  light  enough  to 
march:  they  were  formed  as  well  as  possible  in  an  order 
of  encampment,  and  guards  placed  out.  The  ground  of  the 
encampment  here   spoken  of,   was  on  the   side  of  the  Au- 

*  An  old  and  distinguished  infantry  officer  of  Lee's  legionary  corps  in  the  American 
Revolution. 


HISTORY   OF   KENTUCKY.  355 

Glaize  river,  in  a  flat  beech  bottom,  which  was  nearly  cov- 
ered by  the  water  from  the  rain  which  fell  in  torrents  during 
the  whole  night.  The  troops  were  without  axes,  and  their 
tomahawks  could  effect  nothing  with  the  large  green  beech 
trees.  Happy  were  they  who  could  find  a  dry  log  in  which 
a  fire  could  be  kindled;  those  who  had  not  this  good  fortune 
were  obliged  to  content  themselves  with  passing  the  night 
sitting  on  their  saddles  at  the  roots  of  the  trees,  against 
which  they  leaned  and  procured  a  little  sleep.  Being  sepa- 
rated from  the  baggage,  there  were  few  who  had  any  thing 
to  eat,  or  spirits  to  drink.  In  a  situation  of  this  kind,  men 
are  peevish  and  ill-natured,  in  the  venting  of  which  a  thou- 
sand circumstances  continually  occur.  To  prevent  ebullitions 
of  this  kind,  and  to  produce  more  pleasant  feelings,  the  Gen- 
eral, seated  round  a  small  fire,  with  his  staff,  wrapped  in 
his  cloak,  and  taking  the  rain  as  it  fell,  directed  one  of  his 
officers  to  sing  an  Irish  glee:  the  humor  of  this  song,  and 
the  determination  which  seemed  to  exist  at  head  quarters 
to  put  circumstances  at  defiance,  soon  produced  cheerfulness 
and  good  humor  throughout  the  camp.  The  General  was 
afterwards  joined  by  a  Kentucky  officer,  who  sung  a  glee 
beginning  with 

"Now's  the  time  for  mirth  and  glee, 
Sing,  and  laugh,  and  dauce  with  me." 

'•This  became  the  favorite  air,  and  in  all  situations  of  diffi- 
culty, whether  suffering  the  peltings  of  the  storm,  or  traversmg 
the  swamps  up  to  the  knees  in  mud  and  ice,  it  was  resoun- 
ded in  full  chorus:  the  singular  contrast  between  the  words 
of  their  song  and  their  actual  situation,  affording  cause  of  mer- 
riment, and  a  fruitful  source  of  whimsical  remark." 

The  clouds  which  had  overhung  the  countenances  of  the 
men  were  soon  dispersed,  and  cheerfulness,  if  not  content, 
was  restored  to  the  camp. 

By  day-break  of  tlic  next  morning,  the  march  was  resumed; 
the  troops  being  required  to  be  in  readiness  to  mount  by 
reveillee.  In  the  course  of  the  next  day,  the  General  was  met 
by  an  officer  from  General  Winchester,  who  informed  him  of 


356  HISTORY   OF   KENTUCKY. 

the  latter  officer's  arrival  at  Fort  Defiance,  and  that  the  united 
body  of  British  and  Indians  had  retired  down  the  Maumee. 
He  then  prosecuted  his  march,  with  a  small  escort,  to  Win- 
chester's camp,  leaving  his  detachment  to  come  up  more  at 
their  leisure.     He  arrived  late  at  night. 

At  this  post,  a  revolt  in  Colonel  Allen's  regiment  took  place, 
which,  for  its  honorable  termination,  as  well  as  from  motives 
of  historical  fidelity,  requires  to  be  mentioned.  It  has  been  but 
obscurely  alluded  to  by  General  McAfee  and  Mr.  Dawson. 

Soon  after  General  Harrison's  arrival  at  camp,  and  after  he 
had  retired  to  enjoy  some  little  repose,  so  welcome  to  any  one, 
■who  had  been  exposed  on  the  preceding  comfortless  and  forced 
expedition;  he  found  himself  suddenly  awakened  by  Colonel 
Allen,  and  Major  M.  D.  Hardin.  These  officers  were  the 
bearers  of  the  mortifying  news,  that  Allen's  regiment,  ex- 
hausted by  the  hard  fare  of  the  campaign,  and  disappointed  in 
the  expectation  of  an  immediate  engagement  with  the  enemy^ 
had,  in  defiance  of  their  duty  to  their  country,  and  all  the 
earnest  impassioned  remonstrances  of  their  officers,  determined 
to  return  home.  These  officers  assured  General  Harrison  that 
they  could  do  nothing  with  their  men;  that  their  representa- 
tions were  answered  by  insults  alone.  They  begged  the  Gen- 
eral to  rise  and  interfere,  us  the  only  officer  who  had  any  pros- 
pect of  bringing  the  mutineers  back  to  their  duty.  He  re- 
fused to  interfere  at  that  time;  but  assured  the  gentlemen  that 
he  would  attend  to  the  serious  object  of  their  request,  in  his 
own  way  and  at  his  own  time.  The  officers  retired;  in  the 
mean  time  General  Harrison  sent  one  of  his  aids  to  direct 
General  Winchester  to  order  the  alarm,  or  point  of  war,  to 
be  beat  on  the  ensuing  morning,  instead  of  the  reveillee.  This 
adroit  expedient  brought  all  the  troops  to  their  arms,  the  first 
thing  in  the  morning.  It  diverted  the  spirits  of  the  discontent- 
ed troops  into  a  new  channel  of  feeling;  and  prepared  them 
for  the  subsequent  events. 

On  the  parading  of  the  troops  at  their  posts.  General  Win- 
chester was  ordered  to  form  them  into  a  hollow  square.  Gen- 
eral Harrison  now  appeared  upon  parade,  much  to  the  surprise 


HISTORY  OF  KENTUCKY.  357 

of  the  troops,  who,  from  his  late  arrival  in  camp,  were  unap- 
prized  of  his  presence.  If  the  sudden  and  unexpected  arrival 
of  their  favorite  commander  had  so  visible  an  efiect  upon  the 
men,  his  immediate  address  to  them  fully  preserved  the  ii»- 
pression.  He  began  by  lamenting  that  there  were,  as  he  was 
informed,  considerable  discontents  in  one  of  the  Kentucky 
regiments :  this,  although  a  source  of  mortification  to  himself, 
on  their  account,  was  happily  of  little  consequence  to  the  gov- 
ernment. He  had  more  troops  than  he  knew  well  what  to  do 
with  at  the  present  stage  of  the  campaign ;  he  was  expecting 
daily  the  arrival  of  the  Pennsylvania  and  Virginia  quotas.  It  is 
fortunate,  said  this  officer,  with  the  ready  oratory  for  which  his 
native  Virginia  is  so  famed,  that  he  had  found  out  this  dissatis- 
faction  before  the  campaign  was  farther  advanced,  when  the 
discovery  might  have  been  mischievous  to  the  public  interests, 
as  well  as  disgraceful  to  the  parties  concerned.  Now,  so  far 
as  the  government  was  interested,  the  discontented  troops,  who 
had  come  into  the  woods  with  the  expectation  of  finding  all  the 
luxuries  of  home  and  of  peace,  had  full  liberty  to  return.  He 
would,  he  continued,  order  facilities  to  be  furnished  for  their 
immediate  accommodation.  But  he  could  not  refrain  from  ex- 
pressing the  mortification  he  anticipated  for  the  reception  they 
would  meet  from  the  old  and  the  young,  who  had  greeted  them 
on  their  march  to  the  scene  of  war,  as  their  gallant  neighbors. 

What  must  be  their  feelings,  said  the  General,  to  see  those 
whom  they  had  hailed  as  their  generous  defenders,  noAV  return- 
ing without  striking  a  blow,  and  before  their  term  of  plighted 
service  had  expired  ?  But  if  this  would  be  the  state  of  public 
sentiment  in  Ohio,  what  would  it  be  in  Kentucky  ?  If  their 
fathers  did  not  drive  their  degenerate  sons  back  to  the  field 
of  battle  to  recover  their  wounded  honor;  their  mothers  and 
sisters  would  hiss  them  from  their  presence.  If,  however,  the 
discontented  men  were  disposed  to  put  up  with  all  the  taunts  and 
disdain,  which  awaited  them,  wherever  they  went,  they  were. 
General  Harrison  again  assured  them,  at  full  liberty  to  go  back. 

The  influence  of  this  animated  address  was  instantaneous. 
This  was  evinced  in  a  manner  most  flattering  to  the  tact  and 


358  HISTORY   OF  KENTUCKY. 

management  of  the  commander.  Colonel  J.  M.  Scott,  the 
senior  Colonel  of  Kentucky,  and  who  had  served  in  the  armies 
of  Harmar,  St.  Clair,  and  Wayne,  in  the  medical  statF,  now 
addressed  his  men.  These  were  well  known  in  the  army 
as  the  "Iron  Works,"  from  the  neighborhood  from  which  they 
had  come.  "You,  my  boys,"  said  the  generous  veteran, 
"will  prove  your  attachment  for  the  service  of  your  country, 
and  your  General,  by  giving  him  three  cheers."  The  address 
was  attended  with  immediate  success,  and  the  air  resounded 
with  the  shouts  of  both  officers  and  men. 

Colonel  Lewis  next* took  up  the  same  course,  and  with  the 
same  effect. 

It  now  became  the  turn  of  the  noble  Allen  again  to  try  the 
temper  of  his  men.  He  begged  leave  of  the  General  to  ad- 
dress them:  but  excess  of  emotion  choked  his  utterance;  at 
length  he  gave  vent  to  the  contending  feelings  of  his  heart, 
in  a  broken,  but  forcible  address,  breathing  the  fire  which  ever 
burned  so  ardently  in  his  breast.  At  the  close  of  it,  how- 
ever, he  conjured  the  soldiers  of  his  regiment  to  give  the 
General  the  same  manifestation  of  their  patriotism  and  re- 
turning sense  of  duty,  which  the  other  Kentucky  regiments 
had  so  freely  done.  The  wishes  of  their  high  spirited  offi- 
cer were  complied  with;  and  a  mutiny  was  nipped  in  its 
bud,  which  might,  if  persisted  in,  have  spi'ead  disaffection 
through  the  Kentucky  troops,  to  the  disgrace  of  our  gallant 
State,  and  the  lasting  injury  of  the  public  cause.  No  troops 
however  behaved  more  faithfully  or  zealously  through  the  re- 
mainder of  their  service,  till  the  greater  part  of  them  offered  up 
their  lives  in  defence  of  their  country  on  the  fatal  field  of  Raisin. 

General  Harrison  having  quelled  this  unhappy  disturbance, 
in  the  subordination  of  the  troops,  now  made  his  arrange- 
ments with  general  Winchester,  for  the  full  command  of  the 
left  wing.  To  this  officer  were  committed  the  regulars  under 
Colonel  Wells,  the  regiments  of  Scott,  Lewis  and  Allen,  already 
mentioned,  and  the  additional  regiments  under  Colonels  Poague, 
Barbee,  and  Jennings.  Colonel  Bodley,  the  quarter-master  of 
this  wing,  an  efficient  and  zealous  officer  of  Kentucky,  was 


HISTORT   OF   KENTUCKY.  359 

fully  empowered  by  General  Harrison  to  draw  upon  the  treasury 
for  the  carrying  into  effect  all  orders  which  he  might  recei\'B 
from  General  Wincliester,  for  the  supply  of  his  command. 

It  now  became  necessary  for  the  commanding  General  to 
direct  his  attention  to  the  arrangements  for  the  accommodation 
of  the  troops,  which  were  marching  to  his  reinforcement  from 
Pennsylvania  and  Virginia.  These,  together  with  the  brigade 
of  General  Perkins,  of  the  Ohio  militia,  constituted  the  right 
wing  of  the  array.  Not  only  provisions  were  to  be  collected 
for  this  body  of  men,  but  all  the  materiel  of  war,  ammunition 
and  artillery  were  yet  to  be  obtained.  It  will  hardly  be  be- 
lieved in  the  future  history  of  America,  that  when  but  two 
pieces  of  disposable  artillery  of  small  calibre  had,  by  the  dis- 
graceful surrender  of  Hull,  been  left  in  the  western  country, 
eind  which  the  commanding  General  informed  the  Secretary  at 
War,  he  had  rather  be  without,  cannon  should  have  been  sent 
to  Pittsburg  without  their  carriages.  Yet  such  was  the  fact;  and 
"when  the  whole  country  supposed  General  Harrison  was  tho- 
roughly supplied  with  all  the  munitions  of  war,  which  the  gov- 
ernment was  so  able  to  furnish;  the  trees  were  still  growing 
about  Pittsburg,  out  of  which,  the  carriages  of  the  artillery 
were  to  be  manufactured.* 

This  was  the  state  of  protracted  destitution  of  the  armv,  in 
regard  to  a  most  important  military  arm. 

Colonel  Morrison,  an  old  revolutionary  officer,  and  Colonel 
William  Piatt,  had  been  appointed  deputy  Quarter-masters 
General  in  the  service,  to  act  at  the  head  oft  heir  department  in 
the  north-western  army.  These  officers  were  placed  under  the 
command  of  General  Winchester;  and  he  was  fully  informed  of 
the  general  plan  of  the  campaign  by  General  Harrison,!  and 
thus  became  responsible  for  the  part  assigned  him,  in  the  gene- 
ral operations  of  the  military  service. 

General  Tuppcr,  of  the  Ohio  militia,  with  the  mounted  troops 
■which  had  accompanied  General  Harrison,  a  portion  of  whose 
time  of  service  yet  remained,  was  now  destined  to  lead  an  ex- 
pedition against  the  Ottawa  towns,  on  the  eastern  waters  of  the 

*  Mc.\ffee.  t  Dawson,  309,  for  Harrison's  despatch. 


360  HISTORY  OP  KENTUCKY. 

Au  Glaize.  But  owing  to  some  disagreement  between  Generals 
Winchester  and  Tupper,  the  causes  of  which  have  not  been 
fully  explained,  together  with  great  insubordination  among  the 
troops,  the  expedition  was  abandoned,  and  the  troops  wets 
shortly  after  disbanded. 

The  commanding  General  had,  however,  previously  pix)- 
ceeded  to  organize  the  right  wing  of  the  army.  Before  re- 
suming the  course  of  events  in  this  part  of  the  theatre  of  war, 
it  will  be  necessary  to  complete  the  narrative  of  operations,  on 
the  extreme  left  of  the  military  district. 

The  left  wing  of  the  army  had  now  been  confided  to  General 
Winchester,  who  had  accepted  it,  at  the  solicitation  of  General 
Harrison,  with  the  Utmost  harmony,  rather  than  accept  a  com- 
mand on  the  Niagara.  The  great  object  of  all  the  military 
exertions  was,  at  this  time,  to  accumulate  a  sufficient  stock  of 
provisions  for  the  main  expedition  against  Detroit. 

In  the  interim,  an  expedition  was  deemed  necessary  for  the 
protection  of  Indiana  and  Illinois  territories;  these  had  also 
been  confided  to  general  Harrison.  The  depredations  of  the 
Indians  had  become  harassing  and  destructive.  To  effect  this 
object,  Gov.  Shelby  issued  his  proclamation,  inviting  volunteers 
for  this  purpose,  under  Major  General  Samuel  Hopkins,  (who 
had  been  designated  by  General  Harrison,)  to  meet  at  Louisville, 
on  the  18th  of  September,  with  at  least  thirty  days'  provision. 

In  compliance  with  this  invitation,  more  *  than  two  thousand 
volunteers  assembled  at  Louisville,  Red  Banks,  and  at  other 
places  on  the  Ohio,  upon  their  way  to  Vincennes.  So  oveF- 
flowing  was  the  zeal  of  Kentucky,  at  this  time,  that  the  Gov- 
ernor had  to  turn  back  several  hundreds  at  Louisville  and 
Frankfort. 

It  was  then,  that  a  veteran  in  one  of  the  companies  that  were 
turned  back,  remarked,  "well,  well,  Kentucky  has  often  glutted 
the  market  with  hemp,  flour,  and  tobacco,  and  now  she  has 
done  it  with  volunteers." 

At  Vincennes,  these  troops  were  formed  into  four  regiments, 
to  be  commanded  by  Colonels  Samuel  Caldwell,  John  Thomas, 

*  McAffee,  157. 


HISTORY  OP  KEXTXJCKV.  361 

James  Allen,  and  Young  Ewing;  two  brigades  were  formed  of 
these,  and  placed  under  General  James  Roy,  of  early  fame  in 
the  history  of  Kentucky,  and  General  Jonathan  Romsey.     A 
fifth  regiment  was  formed  after  this  oi-ganization,  under  Colonel 
Samuel  South.      Early   in  October,  this   imposing  corps   was 
marched  to  fort  Harrison,  on  the  Wabash,  where  they  drew  ten    ' 
days'  provisions;  after  crossing  this  river  to  the  west,  the  troops 
were  informed,  that  the  General   intended  marching   to  the 
Kickapoo  village,  on  the  waters  of  the  Illinois  river.     This  was 
stated  by  the  guides,  to  be  eighty-five  miles  distant,  in  a  north- 
west direction;  the   army  pursued  this   direction,  sometimes 
varying  to  the  north-east,  and  crossing  several  trails  of  Indians, 
which  all  bore  to  the  westward,  till  the  provisions  and  forage  of 
the  army  were  found  to  b6  alarmingly  scarce.     The  General 
now  undertook  to  act  as  guide  himself,  and  changed  the  direction 
of  the  march  to  the  west;  but  after  proceeding  one  day  on  this 
course,  a  council  was  called,  which  was  unanimousl}'  of  opinion 
"that*  in  the  starving  situation  of  both  men  and  horses,  with  a 
very  uncertain  prospect  of  finding  the  enemy  soon,  it  was  most 
proper  to  abandon  the  pursuit  and  return."     The  General,  how- 
ever, requested  the  troops  to  continue  the  pursuit  another  day; 
but  their  sense  of  suffering  was  too  keen,  and  the  uncertainty 
of  the  situation  of  the  enemy  so  utter,  that  "they  unanimously 
took  the  direction  to  Vincennes,  notwithstanding  the  remon- 
strances of  the  general  officers."     It  hasf  since  been  ascer- 
tained, that  the  town  which  had  been  the  destination  of  the  ex- 
pedition, was  situated  sixty  or  seventy  miles  farther  west.     This 
ignorance  respecting  the   topography  of  the  Indian   country, 
which  has  for  so  long  a  period  embarassed  our  expeditions  into 
their  territory,  ought   long  ago   to  have  admonished   govern- 
ment to  execute  a  topographical  survey  of  the  Indian  country. 
Such  a  survey,  should  exhibit  the  situation  of  every  durable 
Indian  village  within  the  boundaries  of  the  republic. 

The  insubordiBation  exhibited  by  too  large  a  portion  of  the 
Kentucky  troops   on   this   expedition,  may  not  in  juetice  be 

*  McAffee,  150, 160. 

t  General  Hopkins,  however,  asserts  in  his  lelter  lo  Gov.  Shelby,  Ihat  Ihey  were  but 
Iwenlv  miles  off.    Niles'  Rcj.  3d— 2H. 

2H 


362  HI8T0BY   OF   KENTUCKY. 

passed  over,  without  the  pointed  censure  and  rebuke  of 
history. 

One  of  its  great  moral  purposes  is,  to  sit  in  judgment  on  the 
actions  of  mankind;  and  conscientiously  to  lift  its  small  and 
still  voice  against  every  departure  from  the  duties  of  life. 
These  appeals,  noiseless  as  they  are,  find  their  support  and 
influence  in  the  moral  sense  of  mankind ;  and  thus  contributes 
to  secure  society  in  some  degree,  from  their  repetition. 

The  ardor  of  Kentucky,  ever  bordering  on  impetuosity,  is 
constantly  in  danger  of  degenerating  on  suspicion,  or  dislike, 
into  uncontrollable  obstinacy.  It  is  their  national  energy  per- 
verted by  want  of  adroitness,  or  other  inaptitude,  in  its  man- 
agement. The  General  himself,  was  debilitated  in  health;  a 
most  unfortunate  circumstance,  where  so  much  must  depend  on 
personal  influence,  and  physical  energy,  as  in  a  command  over 
irregular  and  undisciplined  troops. 

Still,  this  officer,  after  marching  this  formidable  and  promis- 
ing expedition  back  to  fort  Harrison,  by  the  6th  of  October, 
"without  hardly  obtaining  the  sight  of  an  enemy,"  determined 
to  use  his  exertions  in  the  service  of  his  country,  with  a  perse- 
verance worthy  of  a  better  fortune. 

Accordingly  on  the  11th  of  November,  another  party  of  about 
twelve  hundred  and  fifty  men  set  off",  consisting  of  the  regiments 
of  Colonels  Barbour,  Miller,  and  Wilcox,  with  a  small  party  of 
regulars  under  Major  Zachariah  Taylor,  the  intrepid  and  col- 
lected defender  of  fort  Harrison,  and  a  corps  of  rangers  and 
scouts,  under  the  command  of  Captains  Washburn  and  Beckers, 
of  Indiana.  The  provisions,  military  stores,  &lc.,  were  em- 
barked on  board  of  some  boats  commanded  by  Colonel  Barbour. 

A  rise  of  the  waters  of  the  Wabash,  impeded  the  ascent  of 
the  boats  so  much,  that  it  was  the  19th  of  the  month  before 
they  reached  the  Prophet's  town,  below  Tippecanoe  creek. 
''Several  days  were  spent  in  reconnoitering  the  country,  and 
in  destroying  the  evacuted  villages,*  in  the  neighborhood,  to- 
gether with  the  corn  and  other  resources.  Which  had  been  left 
about  them."     The  Prophet's  town,  "destroyed  about  a  twelve 

»M'Afee,  161. 


HISTORY  OF  KENTUCKY.  363 

month  ago,  by  Ueneral  Harrison,  containing  at  this  time  about 
forty  cabins ;  a  Winnebago  village,  four  miles  lower  down,  on 
Ponce  Passu  creek,  and  near  the  Wabash,  on  the  east  side, 
containing  about  forty  houses  also;  and  a  Kickapoo  village,  on 
the  west  side,  containing  about  one  hundred  and  sixty  cabins ; 
were  all  completely  destroyed." 

Although  this  was  the  most  efficient  warfare  the  corps  could 
levy;  yet  it  must  not  be  supposed  that  such  hostilities  could 
materially  impair  the  efficiency  of  the  enemy,  particularly 
when  they  were  supplied  with  rations  by  the  British.  It  would 
scarcely  reach  their  squaws  and  papooses,  who  are  entitled  to 
the  commiseration  of  a  civilized  foe.  It  must  be  by  actual 
encounter  and  defeat,  as  at  Point  Pleasant,  the  Maumee,  Tip- 
pecanoe and  Mississineway,  with  all  their  mortality  of  strife, 
that  the  Indians  can  be  brought  to  submisson.  The  mounted 
expeditions  of  Kentucky  have  never  materially  reduced  the 
military  powei  of  the  savages,  by  surprise ;  they  have  alarmed 
them,  put  them  to  flight,  until  an  opportunity  for  advantage  and 
bitter  retaliation  presented  itself;  and  when  fighting  without  an 
European  ally,  they  may  have  been  straitened  by  these  inroads, 
for  provision.'::  but  hostilities  were  only  suspended  for  a  season 
more  appropriate  for  gratifying  their  vengeance ;  and  the  whole 
work  was  to  do  over  again.  To  make  our  arras  felt  by  the 
Indians,  their  country  must  be  taken  possession  of,  and  they 
must  be  fought  openly,  and  conquered  on  their  own  ground  • 
not  merely  put  to  flight,  to  return  a  Parthian  arrow;  bui  they 
must  be  defeated  by  manly,  hard  fighting,  which  they  readily 
respect. 

The  subsequent  circumstances  attending  this  very  expedition, 
illustrate  the  superiority  of  the  Indians  to  these  hasty  enter- 
prises. On  the  21st,  a  gallant  soldier  of  the  name  of  Dunn, 
in  Captain  Duval's  company,  was  killed  by  the  Indians,  on 
Ponce  Passu  creek,  seven  miles  east  of  the  camp.  A  party  of 
sixty  men,  under  Colonels  Wilcox  and  Miller,  went  out  to  bury 
their  companion,  when  they  fell  into  an  ambuscade  of  a  large 
body  of  Indians,  and  lost  nearly  a  third  of  their  party.  The 
General  now  determined  to  engage  this  body  of  the  enemy; 


364  HISTORY  OF  KENTUCKY. 

but  "a  violent  snow  storm,  attended  with  the  coldest  weather," 
the  General  says,  "I  ever  felt  or  saw,"  delayed  the  march 
until  the  24th.  Upon  reaching  the  ground  of  the  Indian  encamp- 
ment, which  was  found  to  present  one  of  the  strongest  natural 
fortifications  ever  seen ;  it  was  discovered  that  the  enemy  had 
decamped  before  the  fall  of  the  snow.  With  this  manifestation 
of  the  disposition  of  the  enemy  not  to  engage,  which  the  Indians 
can  almost  always  indulge  at  their  pleasure;  the  advanced 
season  of  the  year,  and  the  clothing  of  the  troops  unprovided 
for  the  inclement  weather,  the  General  very  properly,  and 
with  the  concurrence  of  all  his  officers,  withdrew  his  troops, 
on  their  return.  Although  the  enemy  were  still  only  "scotched, 
not  killed,"  our  troops  had  behaved  with  honorable  obedience 
under  ten-fold  greater  difficulties  and  privations,  than  those 
which  had  driven  the  former  expedition  into  mutiny,  at  once 
disgraceful  to  themselves,  and  subversive  of  their  country's 
interest.  By  their  insubordination,  they  exposed  the  detach- 
ment of  Colonel  Russell  to  destruction. 

This  officer  had  penetrated,  with  Goveirnor  Edwards  of  Dli- 
nois,  to  the  Peoria  towns,  at  the  head  of  the  lake  of  th&  sam© 
name.  He  surprised  the  village,  and  drove  the  enemy  over 
tlie  Illinois  river,  having  killed  twenty  persons  on  the  field, 
destroyed  the  town,  and  brought  away  a  large  body  of  horses. 
The  intention  of  this  officer  had  been  to  co-operate  with  Gene- 
ral Hopkins,  on  the  Illinois  river,  to  which  the  latter  purposed 
going,  after  striking  the  Kickapoo  town.  But  hearing  nothing 
of  the  great  expedition  in  that  quarter,  Colonel  Russell  made 
the  best  use  of  his  resources,  and  efiected  the  useful  service 
just  described,  in  the  far  north-west. 

Had  the  disobedience  of  orders,  in  the  first  expedition  of 
General  Hopkins,  sacrificed  the  gallant  corps  of  Russell  to  the 
vengeance  of  our  savage  foes;  what  reproaches  must  have 
stung  the  hearts  of  the  mutineers,  to  their  latest  hour  of  ex- 
istence! Yet  such  was  the  direct  tendency  of  this  conduct, 
and  the  indignant  justice  of  their  country,  would  have  exacted 
the  responsibility  from  the  characters  of  those,  who  had  been 
concerned  in  the  base  desertion  of  plighted  duty. 


APPENDIX. 


The  following  journal  is  so  curious  and  little  known  that  it  has 
been  thought,  it  would  gratify  the  western  public  to  lay  it  before 
them.  It  is  extracted  from  the  Monthly  American  Journal  of 
Geology  and  Natural  Science,  December,  1831,  by  G.  W.  Feather- 
stonhaugh,  Esq.,  Philadelphia.  The  following  copy  purports  to 
be  from  the  original,  in  the  possession  of  the  Editor  of  the  above 
work Author. 

THE  JOURNAL  OF  COLONAL  CROGHAN.* 

JUay  Ibtk,  1765.  I  set  off  from  fort  Pitt  with  two  batteaux, 
and  encamped  at  Chartier's  Island,  in  the  Ohio,  three  miles 
below  Fort  Pitt. 

16th.  Eeing  joined  by  the  deputies  of  the  Senecas,  Shawneese, 
and  Delawares,  that  were  to  accompany  me,  we  set  off  at  seven 
o'clock  in  the  morning,  and  at  ten  o'clock  arrived  at  the  Log's 
Town,  an  old  settlement  of  the  Shawnesse,  about  seventeen 
miles  from  Fort  Pitt,  where  we  put  ashore,  and  viewed  the  re- 
mains of  that  village,  which  was  situated  on  a  high  bank,  on  the 
south  side  of  the  Ohio  river,  a  fine  fertile  country  round  it.     At 
11  o'clock  we  re-embarked  and  proceeded  down  the  Ohio  to  the 
mouth  of  Big  Beaver  Creek,  about  ten  miles  below  the  Log's 
Town:  this  creek  empties  itself  between  two  fine  rich  bottoms,  a 
mile  wide  on  each  side  from  the  banks  of  the  river  to  the  high- 
lands.   About  a  mile  below  the  mouth  of  Beaver  Creek  we  passed 
an  old  settlement  of  the  Delawares,  where  the  French,  in  1756, 
built  a  town  for  that  nation.     On  the  north  side  of  the  river  some 
of  the  stone  chimneys  are   yet  remaining;  here  the   highlands 
come  close  to  the  banks  and  continue  so  for  about  five  miles. 
After  which  we  passed  several  spacious  bottoms  on  each  side  of 
the  river,  and  came  to  Little  Beaver  Creek,  about  fifteen  miles 
below  Eig  Beaver  Creek,     A  number  of  small  rivulets  fall  into 
the  river  on  each  side.    From  thence  we  sailed  to  Yellow  Creek, 
being  about  fifteen  miles  from  the  last  mentioned   creek;  here 
and  there  the  hills  come  close  to  the  banks  o^  the  river  on  each 
side,  but  where  there  are  bottoms,  they  are  very  large,  and  well 
watered;  numbers  of  small  rivulets  running  through  them,  falling 
into  the  Ohio  on  both  sides.    We  encamped  on  the  river  bank, 
and  find  a  great  part  of  the  trees  in  the  bottom  are  covered  with 
grape  vines.    This  day  we  passed    by  eleven   islands,  one  of 
whicii  being  about  seven  miles  long.     For  the  most  part  of  the 
way  we  made  this  day,  the  banks  of  the  river  are  high  and  steep. 
The  course  of  the  Ohio  from  Fort  Pitt  to  the  mouth  of  Beaver 

*  Not  Colonel  Crogban  of  Kentucky. 

2H*  3G5 


266 


APPENDIX. 


Creek  inclines  to  the  north-west;  from  thence  to  the  two  creeks 
partly  due  west. 

17th.  At  6  o'clock  in  the  morning  we  embarked:  and  were 
delighted  with  the  prospect  of  a  fine  open  country  on  each  side 
of  the  river 'as  we  passed  down.  We  came  to  a  place  called  the 
Two  Creeks,  about  fifteen  miles  from  Yellow  Creek,  where  we 
put  to  shore;  here  the  Senecas  have  a  village  on  a  high  bank, 
on  the  north  side  of  the  river;  the  chief  of  this  village  oSered  me 
his  service  to  go  with  me  to  the  Illinois,  which  I  could  not  re- 
fuse for  fear  of  giving  him  offence,  although  I  had  a  suiEcient 
number  of  deputies  with  me  already.  From  thence  we  pro- 
ceeded down  the  river,  passed  many  large,  rich,  and  fine  bottoms; 
the  highlands  being  at  a  considerable  distance  from  the  river 
banks,  till  we  came  to  the  Buffalo  Creek,  being  about  ten  miles 
below  the  Seneca  village;  and  from  Euffalo  Creek,  we  proceeded 
down  the  river  to  Fat  Meat  Creek,  about  thirty  miles.  The  face 
of  the  country  appears  much  like  what  we  met  with  before; 
large,  rich,  and  well  watered  bottoms,  then  succeeded  by  the 
hills  pinching  close  on  the  I'iver;  these  bottoms,  on  the  north  side, 
appear  rather  low,  and  consequently  subject  to  inundations,  in 
the  spring  of  the  year,  when  there  never  fails  to  be  high  freshes 
in  the  Ohio,  owing  to  the  melting  of  the  snows.  This  day  we 
passed  by  ten  fine  islands,  though  the  greatest  part  of  them  are 
small.  They  lay  much  higher  out  of  the  water  than  the  main 
land,  and  of  course  less  subject  to  be  flooded  by  the  freshes.  At 
night  we  encamped  near  an  Indian  village.  The  general  course 
of  the  river  from  the  Two  Creeks  to  Fat  Meat  Creek  inclines  to 
the  south-west. 

18th.  At  6  o'clock,  A.  M.  we  set  off  in  our  batteaux;  the 
country  on  both  sides  of  the  river  appears  delightful;  the  hills 
are  several  miles  from  the  river  banks,  and  consequently  the 
bottoms  large;  the  soil,  timber,  and  banks  of  the  river,  much  like 
those  we  have  before  described;  about  fifty  miles  below  the  Fat 
Meat  Creek,  we  enter  the  long  reach,  where  the  river  runs  a 
straight  course  for  twenty  miles,  and  makes  a  delightful  prospect; 
the  banks  continue  high;  the  country  on  both  sides,  level,  rich, 
and  well  watered.  At  the  lower  end  of  the  reach  we  encamped. 
This  dsly  we  passed  nine  islands,  some  of  which  are  large,  and 
lay  high  out  of  the  water. 

19tli.  We  decamped  at  six  in  the  morning,  and  sailed  to  a 
place  called  the  Three  Islands,  being  about  fifteen  miles  from  our 
last  encampment;  here  the  highlands  come  close  to  the  river 
lianks,  and  the  bottoms  for  the  most  part — till  we  come  to  the 
Muskingum  (or  Elk)  river — are  but  narrow:  this  river  empties 
itself  into  the  Ohio  about  fifteen  miles  below  the  Three  Islands; 
the  banks  of  the  river  continue  steep,  and  the  country  is  level 
for  several  miles  back  from  the  river.  The  course  of  the  river 
from  Fat  Meat  Creek  to  Elk  River,  is  about  south-west  and  by 
south.  We  procei'ded  down  the  river  about  fifteen  miles,  to  the 
mouth  of  Little  Conhawa  River,  with  little  or  no  alteration  in  the 
face  of  the  country;  here  we  encamped  in  a  fine  rich  bottom. 


APPBNurs.  367 

after  having  passed  fourteen  islands,  some  of  them  large,  and 
mostly  lying  high  out  of  the  water.  Here  buffaloes,  bears,  tur- 
keys, with  all  other  kinds  of  wild  game  are  extremely  plenty.  A 
good  hunter,  without  much  fatigue  to  himself,  could  here  supply 
daily  one  hundred  men  with  meat.  The  course  of  the  Ohio, 
from  Elk  River  to  Little  Conhawa,  is  about  south. 

20th.  At  six  in  the  morning  we  embarked  in  our  boats,  and 
proceeded  down  to  the  mouth  of  Hochocken  or  Bottle  River, 
where  we  were  obliged  to  encamp,  having  a  strong  head  wind 
against  us.  We  made  but  twenty  miles  this  day,  and  passed  by 
five  very  fine  islands;  the  country  the  whole  way  being  rich 
and  level,  with  high  and  steep  banks  to  the  rivers.  From  here 
I  despatched  an  Indian  to  the  Plains  of  Scioto,  with  a  letter  to 
the  French  traders  from  the  Illinois  residing  there,  amongst  the 
Shawnesse,  requiring  them  to  come  and  join  me  at  the  mouth  of 
Scioto,  in  order  to  proceed  with  me  to  their  own  country,  and 
take  the  oaths  of  allegiance  to  his  Britannic  Majesty,  as  they 
were  now  become  his  subjects,  and  had  no  right  to  trade  there 
without  hcense.  At  the  same  time  I  sent  messages  to  the  Shaw- 
nesse Indians  to  oblige  the  French  to  come  to  rne  in  case  of  re- 
fusal. 

21st.  We  embarked  at  half  past  8  o'clock  in  the  morning,  and 
sailed  to  a  place  called  the  Big  Bend,  about  thirty-five  miles 
below  Bottle  River.  The  course  of  the  Ohio,  from  Little  Con- 
hawa River  to  Big  Bend,  is  about  south-west  by  south.  The 
country  hereabouts  abounds  with  buffalo,  bears,  deer,  and  all 
sorts  of  wild  game,  in  such  plenty,  that  we  killed  out  of  our 
boats  as  much  as  we  wanted.  We  proceeded  down  the  river 
to  the  Buffalo  Bottom,  about  ten  miles  from  the  beginning  of 
the  Big  Bend,  where  we  encamped.  The  country  on  both 
sides  of  the  river,  much  the  same  as  we  passed  the  day  be- 
fore. This  day  we  passed  nine  islands,  all  lying  high  out  of  the 
water. 

22d.  At  half  an  hour  past  5  o'clock,  set  off  and  sailed  to  a 
place,  called  Alum  Hill,  so  called  from  the  great  quantity  of  that 
mineral  found  there  by  the  Indians;  this  place  lays  about  ten 
miles  from  Buffalo  Bottom;  thence  we  sailed  to  the  mouth  of  Great 
Conhawa  River,  being  ten  miles  from  the  Alum  Hill.  The  course 
of  the  river,  from  the  Great  Bend  to  this  place,  is  mostly  west; 
from  hence  we  proceeded  down  to  Little  Guyondott  River,  where 
we  encamped,  about  thirty  miles  from  Great  Conhawa;  the  coun- 
try still  fine  and  level;  the  bank  of  the  river  high,  with  abun- 
dance of  creeks  and  rivulets  falling  into  it.  This  day  we  passed 
six  fine  islands.  In  the  evening  one  of  our  Indians  discovered 
three  Cherokees  near  our  encampment,  which  obliged  our  In- 
dians to  keep  out  a  good  guard  the  first  part  of  the  night.  Our 
party  being  pretty  strong,  I  imagine  the  Cherokees  were  afraid 
to  attack  us,  and  so  ran  off. 

23d.  Decamped  about  five  in  the  morning,  and  arrived  at  Big 
Guyondott,  twenty  miles  from  our  last  encampment:  the  country 
as  of  yesterday;  from  hence  we  proceeded  down  to  Sandy  River, 


368  APPENDIX. 

being  twenty  miles  further;  thence  to  the  mouth  of  Scioto,  about 
forty  miles  from  the  last  mentioned  river.  The  general  course 
of  the  river  from  Great  Conhawa  to  this  place  inclines  to  the 
south-west.  The  soil  rich,  the  country  level,  and  the  banks  of 
the. river  high.  The  soil  on  the  banks  of  Scioto,  for  a  vast  dis- 
tance up  the  country,  is  prodigious  rich,  the  bottoms  very  wide, 
and  in  the  spring  of  the  year,  many  of  them  are  flooded,  so  that 
the  river  appears  to  be  two  or  three  miles  wide.  Bears,  deer, 
turkeys,  and  most  sorts  of  wild  game,  are  very  plenty  on  the 
banks  of  this  river.  On  the  Ohio,  just  below  the  mouth  of  Scioto, 
ou  a  high  bank,  near  forty  feet,  formerly  stood  the  Shawnesse 
town,  called  the  Lower  Town,  which  was  all  carried  away,  ex- 
cept three  or  four  houses,  by  a  great  flood  in  the  Scioto.  I  was 
in  the  town  at  the  time,  though  the  banks  of  the  Ohio  were  so 
high,  the  water  was  nine  feet  on  the  top,  which  obliged  the  whole 
town  to  take  to  their  canoes,  and  move  with  their  eflects  to  the 
hills.  The  Shawnesse  afterwards  built  their  town  on  the  opposite 
side  of  the  river,  which,  during  the  French  war,  they  abandoned, 
for  fear  of  the  Virginians,  and  removed  to  the  plains  on  Scioto. 
The  Ohio  is  about  one  hundred  yards  v*'ider  here  than  at  Fort 
Pitt,  which  is  but  a  small  augmentation,  considering  the  great 
number  of  rivers  and  creeks,  that  fall  into  it  during  the  course  of 
four  hundred  and  twenty  miles;  and  as  it  deepens  but  very  httle, 
I  imagine  the  water  sinks,  though  there  is  no  visible  appearance 
of  it.  In  general  all  the  lands  on  the  Scioto  Piiver,  as  well  as 
the  bottoms  on  Ohio,  are  too  rich  for  any  thing  but  hemp,  flax, 
or  Indian  corn. 

24th,  25th,  and  26th.  Stayed  at  the  mouth  of  Scioto,  waiting 
for  the  Shawnesse  and  French  traders,  who  arrived  here  on  the 
evening  of  the  26th,  in  consequence  of  the  message  I  sent  them 
from  Hochocken,  or  Bottle  Creek. 

27th.  The  Indians  requested  me  to  stay  this  day,  which  I  could 
not  refuse. 

28th.  We  set  off:  passing  down  the  Ohio,  the  country  on  both 
sides  the  river  level;  the  banks  continue  high.  This  day  we 
came  sixty  miles;  passed  no  islands.  The  river  being  wider  and 
deeper,  we  drove  all  night. 

29th.  We  came  to  the  Little  Miame  River,  having  proceeded 
sixty  miles  last  night. 

30tli.  We  passed  the  great  Miame  River,  about  thirty  miles 
from  the  little  river  of  that  name,  and  in  the  evening'  arrived  at 
the  place  where  the  Elephants'  bones  are  found,  where  we  en- 
camped, intending  to  take  a  view  of  tlie  place  next  morning. 
This  day  we  came  about  seventy  miles.  The  country  on  both 
sides  level,  and  rich  bottoms  well  watered. 

31st.  Early  in  the  morning  we  went  to  the  great  Lick,  where 
those  bones  are  only  found,  about  four  miles  from  the  river,  on  the 
south-east  side.  In  our  way  we  passed  through  a  fine  timbered 
clear  wood;  we  came  into  a  large  road  which  the  Buffaloes  have 
beaten,  spacious  enough  for  two  waggons  to  go  abreast,  and  leading 
straight  into  the  Lick.    It  appears  that  there  arc  vast  quantities 


APPEITDIX.  369 

of  these  bones  lying  five  or  sk  feet  under  ground,  which  we 
discovered  in  the  bank,  at  the  edge  of  the  Lick.  We  found 
here  two  tusks  above  six  feet  long;  we  carried  one,  with  some 
other  bones,  to  our  boats,  and  set  off.  This  day  we  proceeded 
down  the  river  about  eighty  miles,  through  a  country  much  the 
same  as  already  described,  since  we  passed  the  Scioto.  In  this 
day's  journey  we  passed  the  mouth  of  the  River  Kentucky,  or 
Holsten's  River. 

June  1st.  We  arrived  within  a  mile  of  the  Falls  of  Ohio,  where 
we  encamped,  after  coming  about  fifty  miles  this  day. 

2d.  Early  in  the  morning  we  embarked,  and  passed  the  Falls. 
The  river  being  very  low  we  were  obliged  to  Ughten'our  boats, 
and  pass  on  the  north  side  of  a  httle  island,  which  lays  in  the 
middle  of  the  river.  In  general,  what  is  called  the  Fall  here,  is 
no  more  than  rapids;  and  in  the  least  fresh,  a  batteau  of  any 
size  may  come  and  go  on  each  side  without  any  risk.  This  day 
we  proceeded  sixty  miles,  in  the  course  of  which  we  passed 
Pidgeon  River.  The  country  pretty  high  on  each  side  of  the 
River  Ohio. 

3d.  In  the  forepart  of  this  day's -course,  Ave  passed  high  lands: 
about  mid-day  we  came  to  a  fine,  flat,  and  level  country,  called 
by  the  Indians  the  Low  Lands;  no  hills  to  be  seen.  We  came 
about  eighty  miles  this  day,  and  encamped. 

4th.  We  came  to  a  place  called  the  Five  Islands;  these  islands 
are  very  long,  and  succeed  one  another  in  a  chain;  the  country 
still  fiat  and  level,  the  soil  exceedingly  rich,  and  well  watered. 
The  highlands  are  at  least  fifty  miles  from  the  banks  of  the  Ohio. 
In  this  day's  course  we  passed  about  ninety  miles,  the  current 
being  very  strong. 

5th.  Having  passed  the  Five  Islands,  we  came  to  a  place  called 
the  Owl  River.  Came  about  forty  miles  this  day.  The  country 
the  same  as  yesterday. 

6th.  We  arrived  at  the  mouth  of  the  Ouabache,  where  we 
found  a  breast-work  erected,  supposed  to  be  done  by  the  Indians. 
The  mouth  of  this  river  is  about  two  hundred  yards  wide,  and  in 
its  course  runs  through  one  of  the  finest  countries  in  the  world, 
the  lands  being  exceedingly  rich,  and  well  watered;  here  hemp 
might  be  raised  in  immense  quantities.  All  the  bottoms,  and  al- 
most the  whole  country  abounds  with  great  plenty  of  the  white 
,  and  red  mulberry  tree.  These  trees  are  to  be  found  in  great 
plenty,  in  all  places  between  the  mouth  of  Scioto  and  the  Ouaba- 
che: the  soil  of  the  latter  aflfords  this  tree  in  plenty  as  far  as  Ouica- 
tonon,  and  some  few  on  the  Miame  River.  Several  large  fine 
islands  lie  in  the  Ohio,  opposite  the  mouth  of  the  Ouabache,  the 
banks  of  which  are  high,  and  consequently  free  from  inundations; 
hence  we  proceeded  down  the  river  about  six  miles  to  encamp, 
as  I  judged  some  Indians  were  sent  to  way-lay  us,  and  came  to 
a  place  called  the  Old  Shawnesse  Village,  some  of  that  nation  hav- 
ing formerly  lived  there.  In  this  day's  procedings  we  came  about 
seventy-six  miles.  The  general  course  of  the  river,  from  Scioto 
to  this  place,  is  south-west. 


370 


APPENDIX. 


7th.  We  stayed  here,  and  despatched  two  Indians  to  the  Illi- 
nois by  land,  with  letters  to  Lord  Frazer,  an  English  officer,  who 
had  been  sent  there  from  Fort  Pitt,  and  Monsieur  St.  Auge,  the 
French  commanding  officer  at  Fort  Chartres,  and  some  speeches 
to  the  Indians  there,  letting  them  know  of  my  arrival  here;  that 
peace  was  made  between  us  and  the  Six  Nations,  Delawares, 
and  Shawnesse,  and  of  my  having  a  number  of  deputies  of  those 
nations  along  with  me,  to  conclude  matters  with  them  also  on 
my  arrival  there.  This  day  one  of  my  men  went  into  the  woods 
and  lost  himself. 

8th.  At  day-break  we  were  attacked  by  a  party  of  Indians, 
consisting  of  eighty  warriors  of  the  Kiccapoos  and  Musquattimes, 
who  killed  two  of  my  men  and  three  Indians,  wounded  myself 
and  all  the  rest  of  my  party,  except  two  white  men  and  one  In- 
dian; then  made  myself  and  all  the  white  men  prisoners,  plun- 
dering us  of  every  thing  we  had.  A  deputy  of  the  Shawnesse 
who  was  shot  through  the  thigh,  having  concealed  himself  in  the 
woods  for  a  few  minutes  after  he  was  wounded — not  knowing 
but  they  were  southern  Indians,  who  are  always  at  war  with  the 
northward  Indians — after  discovering  what  nation  they  were, 
came  up  to  them  and  made  a  very  bold  speech,  telling  them  that 
the  whole  northward  Indians  would  join  in  taking  revenge  for  the 
insult  and  murder  of  their  people;  this  alarmed  those  savages 
very  much,  who  began  excusing  themselves,  saying  their  fathers, 
the  French,  had  spirited  them  up,  telling  them  that  the  Indians 
were  coming  with  a  body  of  southern  Indians  to  take  their  coun- 
try from  them,  and  enslave  them;  that  it  was  this  that  induced 
them  to  commit  this  outrage.  After  dividing  the  plunder,  (they 
left  great  part  of  the  heaviest  effects  behind,  not  being  able  to 
carry  them,)  they  set  off  with  us  to  their  village  at  Ouattonon,  in 
a  great  hurry,  being  in  dread  of  a  pursuit  from  a  large  party  of 
Indians  they  suspected  were  coming  after  me.  Our  course  was 
through  a  thick  woody  country,  crossing  a  great  many  swamps, 
morasses,  and  beaver  ponds.  We  traveled  this  day  about  forty- 
two  miles. 

9th.  An  hour  before  day  we  set  out  on  our  march;  passed 
through  thick  woods,  some  highlands,  and  small  savannahs, 
badly  watered.     Traveled  this  day  about  thirty  miles. 

10th.  We  set  out  very  early  in  the  morning,  and  marched 
through  a  high  country,  extremely  well  timbered,  for  three  hours; 
then  came  to  a  branch  of  the  Ouabache,  which  we  crossed.  The 
remainder  of  tliis  day  we  traveled  through  fine  rich  bottoms, 
overgrown  with  reeds,  which  mako  the  best  pasture  in  the  world, 
the  young  reeds  being  preferable  to  sheaf  oats.  Here  is  great 
plenty  of  wild  game  of  all  kinds.  Came  this  day  about  twenty- 
eight,  or  thirty  miles. 

11th.  At  day-break  we  set  off,  making  our  way  through  a  thin 
woodland,  interspersed  with  savannahs.  I  suffered  extremely 
by  reason  of  the  excessive  heat  of  the  weather,  and  scarcity  of 
water;  the  little  springs  and  runs  being  dried  up.  Traveled  this 
day  about  thirty  miles. 


APPENDIX.  371 

12th.  We  passed  through  some  large  savannahs,  and  clear 
woods;  in  the  afternoon  we  came  to  theOuabache;  then  marched 
along  it  through  a  prodigious  rich  bottom,  overgrown  with  reeds 
and  wild  hemp;  all  this  bottom  is  well  watered,  and  an  exceeding 
fine  hunting  ground.     Came  this  day  about  thirty  miles. 

13th.  About  an  hour  before  day  we  set  out;  traveled  through 
such  bottoms  as  of  yesterday,  and  through  some  large  meadows, 
where  no  trees,  for  several  miles  together,  are  to  be  seen.  Buf- 
faloes, deer,  and  bears  are  here  in  great  plenty.  We  traveled 
about  twenty-six  miles  this  day. 

14th.  The  country  we  traveled  through  this  day,  appears  the 
same  as  described  yesterday,  excepting  this  afternoon's  journey 
through  woodland,  to  cut  off  a  bend  of  the  river.  Came  about 
twenty-seven  miles  this  day. 

15th.  We  set  out  very  early,  and  about  one  o'clock  came  to 
the  Ouabache,  within  six  or  seven  miles  of  Port  Vincent.     On  my 
arrival  there,  I  found  a  village  of  about  eighty  or  ninety  French 
families  settled  on  the  east  side  of  this  river,  being  one  of  the 
finest  situations  that  can  be  found.     The  country  is  level  and 
clear,  and  the  soil  very  rich,  producing  wheat  and  tobacco.     I 
think  the  latter  preferable  to  that  of  Maryland  or  Virginia.     The 
French  inhabitants  hereabouts,  are  an  idle,  lazy  people,  a  parcel 
of  renegadoes  from  Canada,  and  are  much  worse  than  the  Indians. 
They  took  a  secret  pleasure  at  our  misfortunes,  and  the  moment 
we  arrived,  they  came  to  the  Indians,exchanging  trifles  for  their 
valuable  plunder.     As  the  savages  took  from  me  a  considerable 
quantity  of  gold  and  silver  in  specie,  the  French  traders  extorted 
ten  half  Johannes  from  them  for  one  pound  of  vermilion.     Here 
is  likewise  an  Indian  village  of  the  Pyankeshaws,  who  were  much 
displeased  with  the  party  that  took  me,  telling  them  that  "our  and 
your  chiefs  are  gone  to  make  peace,  and  you  have  begun  a  war, 
for  which  our  women  and  children  will  have  reason  to  cry." 
From  this  post  the  Indians  permitted  me  to  write  to  the  com- 
mander, at  Fort  Chartres,  but  would  not  suffer  me  to  write  to 
any  body  else,  (this  I  apprehend  was  a  precaution  of  the  French, 
lest  their  villany  should  be  perceived  too  soon,)  although  the  In- 
dians had  given  me  permission  to  write  to  Sir  William  Johnson 
and  Fort  Pitt  on  our  march,  before  we  arrived  at  this  place.     But 
immediately  after  our  arrival  they  had  a  private   council  with 
the  French,  in  which  the  Indians  urged,  (as  they  afterwards  in- 
formed me,)  that  as  the  French  had  engaged  them  in  so  bad  an 
affair,  which  was  likely  to  bring  a  war  on  their  nation,  they  now 
expected  a  proof  of  their  promise  and  assistance.    Then  delivered 
the  French  a  scalp  and  part  of  the  plunder,  and  wanted  to 
deliver   some   presents  to  the   Pyankeshaws,  but   they  refused 
to  accept  of  any,  and  declared  they  would  not  be  concerned  in 
the  affair.     This  last  information  I  got  from  the  Pyankeshaws,  as 
I  had  been  well  acquainted  with  them  several  years  before  this 
time. 

Port  Vincent  is  a  place  of  great  consequence  for  trade,  being 
a  fine  hunting  country  all  along  the  Ouabache,  and  too  far  for 


372  APPENDIX. 

the  Indians,  which  reside  hereabouts,  to  go  either  to  the  lUinois, 
or  elsewhere,  to  fetch  their  necessaries. 

16th.  We  were  obliged  to  stay  here  to  get  some  httle  apparel 
made  up  for  us,  and  to  buy  some  horses  for  our  journey  to  Oui- 
catonon,  promising  payment  at  Detroit,  for  we  could  not  procure 
horses  from  the  French  for  hire;  though  we  were  greatly  fatigued, 
and  our  spirits  much  exhausted  in  our  late  march,  they  would 
lend  us  no  assistance. 

17th.  At  mid-day  we  set  out;  traveling  the  first  five  miles 
through  a  fine  thick  wood.  We  traveled  eighteen  miles  this  day, 
and  encamped  in  a  large,  beautiful,  well  watered  meadow. 

18th  and  19th.  We  traveled  through  a  prodigious  large  mea- 
do-\V,  called  the  Pyankeshaw's  Hunting  Ground:  here  is  no  wood 
to  be  seen,  and  the  country  appears  like  an  ocean:  the  ground  is 
exceedingly  rich,  and  partly  overgrown  with  Avild  hemp;  the  land, 
well  watered,  and  full  of  buffalo,  deer,  bears,  and  all  kinds  of 
wild  game. 

20th  and  21st.  We  passed  through  some  very  large  meadows, 
part  of  which  belong  to  the  Pyankeshaws  on  Vermilion  River; 
the  country  and  soil  much  the  same  as  that  we  traveled  over  for 
these  three  days  past,  wild  hemp  grows  here  in  abundance;  the 
game  very  plenty:  at  any  time,  in  half  an  hour  we  could  kill  as 
much  as  we  wanted. 

22d.  We  passed  through  part  of  the  same  meadow  as  men- 
tioned yesterday;  then  came  to  a  high  woodland,  and  arrived  at 
Vermilion  River,  so  called  from  a  fine  red  earth  found  here  by 
the  Indians,  with  which  they  paint  themselves.  About  half  a 
mile  from  the  place  where  we  crossed  this  river,  there  is  a  village 
of  Pyankeshaws,  distinguished  by  the  addition  of  the  name  of  the 
river.  We  then  traveled  about  three  hours,  through  a  clear  high 
woody  country,  but  a  deep  and  rich  soil;  then  cajne  to  a  meadow, 
where  we  encamped. 

23d  Early  in  the  morning  we  set  out  through  a  fine  meadow, 
then  some  clear  woods;  in  the  afternoon  came  into  a  very  large 
bottom  on  the  Ouabache,  within  six  miles  of  Ouicatanon;  here 
I  met  several  chiefs  of  the  Kicapoos  and  Musquattimes,  who 
spoke  to  their  young  men  who  had  taken  us,  and  reprimanded 
them  severely  for  what  they  had  done  to  me,  after  which  they 
returned  with  us  to  their  village,  and  delivered  us  all  to  their 
chiefs. 

The  distance  from  port  Vincent  to  Ouicatanon  is  two  hundred 
and  ten  miles.  This  place  is  situated  on  the  Ouabache.  About 
fourteen  French  fanulies  are  living  in  the  fort,  which  stands  on 
the  north  side  of  the  river.  The  Kicapoos  and  Musquattimee, 
whose  warriors  had  taken  us,  live  nigh  the  fort,  on  the  same  side 
of  the  river,  where  they  have  two  villages;  and  the  Ouicatanons 
have  a  village  on  the  south  side  of  the  river.  At  our  arrival  at 
this  post,  several  of  the  Wawcottonans,  (or  Ouicatonans)  with 
whom  I  fjad  been  formerly  acquainted,  came  to  visit  me,  and 
seemed  greatly  concerned  at  wliat  had  happened.  They  went 
immediately  to  the  Kicapoos  and  Musquattimes,  and  charged 


APPENDIX  373 

* 

them  to  take  the  greatest  care  of  us,  till  their  chiefs  should  arrive 
from  the  Illinois,  wliere  they  were  gone  to  meet  me  some  time 
ago,  and  who  were  entirely  ignorant  of  this  affair,  and  said  the 
French  had  spirited  up  this  party  to  go  and  strike  us. 

The  French  have  a  great  influence  over  these  Indians,  and 
never  fail  in  telling  them  many  lies  to  the  prejudice  of  his  ma- 
jesty's interest,  by  making  the  English  nation  odious  and  hateful 
to  them.  I  had  the  greatest  difficulties  in  removing  these  preju- 
dices. As  these  Indians  are  a  Aveak,  foolish,  and  credulous  peo- 
ple, they  are  easily  imposed  on  by  a  designing  people,  who  have 
led  them  hitherto  as  they  pleased.  The  French  told  them  that 
as  the  southern  Indians  had  for  two  years  past  made  war  on  them, 
it  must  have  been  at  the  instigation  of  the  English,  who  are  a  bad 
people.  However  I  have  been  fortunate  enough  to  remove  their 
prejudice,  and,  in  a  great  measure,  their  suspicions  against  the 
English.  The  country  hereabouts  is  exceedingly  pleasant,  being 
open  and  clear  for  many  miles;  the  soil  very  rich  and  well  wa- 
tered; all  plants  have  a  quick  vegetation,  and  the  climate  very 
temperate  through  the  winter.  This  post  has  always  been  a  very 
considerable  trading  place.  The  great  plenty  of  furs  taken  in 
this  country,  induced  the  French  to  establish  this  post,  which  was 
the  first  on  the  Ouabache,  and  by  a  very  advantageous  trade  they 
have  been  richly  recompensed  for  their  labor. 

On  the  south  side  of  the  Ouabache  runs  a  big  bank,  in  which 
are  several  fine  coal  mines,  and  behind  this  bank,  is  a  very  large 
meadow,  clear  for  several  miles.  It  is  surprising  what  false  infor- 
mation we  have  had  respecting  this  country:  some  mention  these 
spacious  and  beautil'ul  meadows  as  large  and  barren  savannahs.  I 
apprehend  it  has  been  the  artifice  of  the  French  to  keep  us  igno- 
rant of  the  country.  These  meadows  bear  fine  wild  grass,  and 
wild  hemp  ten  or  twelve  feet  high,  which,  if  properly  manufac- 
tured, would  prove  as  good,  and  answer  all  the  purposes  of  the 
hemp  we  cultivate. 

July  25th.  We  set  out  from  this  place  (after  settling  all  mat- 
ters happily  with  the  natives)  for  the  Miames,  and  traveled  the 
whole  way  through  a  fine  rich  bottom,  overgrown  with  Avild 
hemp,  alongside  the  Ouabache,  till  we  came  to  Eel  River,  where 
we  arrived  the  27th.  About  six  miles  up  this  river  is  a  small 
village  of  the  Twightwee,  situated  on  a  very  delightful  spot  of 
ground  on  the  bank  of  the  river.  The  Eel  River  heads  near  St. 
Joseph's,  and  runs  nearly  parallel  to  the  Miames,  and  at  some  few 
miles  distance  from  it,  through  a  fine,  pleasant  country,  and  after 
a  course  of  about  one  hundred  and  eighty  miles  empties  itself 
into  the  Ouabache. 

28th,  29th,  30th  and  31st.  We  traveled  still  along  side  the  Eel 
River,  passing  through  fine  clear  woods,  and  some  good  mea- 
dows, though  not  so  large  as  those  we  passed  some  days  before. 
The  country  is  more  overgrown  with  woods,  the  soil  Js  sufficiently 
rich,  and  well  watered  with  springs. 

August  1st.  We  arrived  at  the  carrying  place  between  the  Ri- 
ver Miames  and  the  Ouabache,  which  is  about  nine  miles  long 

21 


374  APPENDIX. 

in  dry  seasons,  but  not  above  half  that  length  in  freshes.  The 
head  of  the  Ouabache  is  about  forty  miles  from  this  place,  and 
after  a  course  of  about  seven  hundred  and  sixty  miles  from  the 
head  spring,  through  one  of  the  finest  countries  in  the  world,  it 
empties  itself  into  the  Ohio.  The  navigation  from  hence  to  Oui- 
catanon,  is  very  diflicult  in  low  water,  on  account  of  many  ra- 
pids and  rifts;  but  in  freshes,  which  generally  happen  in  the 
spring  and  fall,  batteaux  or  canoes  will  pass,  without  difficulty, 
from  here  to  Ouicatanon  in  three  days,  which  is  about  two  hun- 
dred and  forty  miles,  and  by  land  about  two  hundred  and  ten 
miles.  From  Ouicatanon  to  Port  Vincent,  and  thence  to  the  Ohio, 
batteaux  and  canoes  may  go  at  any  season  of  the  year.  Through- 
out the  whole  course  of  the  Ouabache  the  banks  are  pretty  high, 
and  in  the  river  are  a  great  many  islands.  Many  shrubs  and 
trees  are  found  here  unknown  to  us. 

Within  a  mile  of  the  Twightwee  village,  I  was  met  by  the 
chiefs  of  that  nation,  who  received  us  very  kindly.  The  most 
part  of  these  Indians  knew  me,  and  conducted  me  to  their  village, 
where  they  immediately  hoisted  an  English  flag  that  I  had  for- 
merly given  them  at  Fort  Pitt.  The  next  day  they  held  a  coun- 
cil, after  which  they  gave  me  up  all  the  English  prisoners  they 
had,  then  made  several  speeches,  in  all  which  they  expressed  the 
great  pleasure  it  gave  them,  to  see  the  unhappy  differences  which 
embroiled  the  several  nations  in  a  war  with  their  brethren,  the 
English,  were  now  so  near  a  happy  conclusion,  and  that  peace 
was  established  in  their  country. 

The  Twightwee  village  is  situated  on  both  sides  of  a  river, 
called  St.  Joseph.  This  river,  where  it  falls  into  the  Miame 
river,  about  a  quarter  of  a  mile  from  this  place,  is  one  hundred 
yards  wide,  on  the  east  side  of  which  stands  a  stockade  fort, 
somewhat  ruinous. 

The  Indian  village  consists  of  about  forty  or  fifty  cabins,  be- 
sides nine  or  ten  French  houses,  a  runaway  colony  from  Detroit, 
during  the  late  Indian  war;  they  were  concerned  in  it,  and  being 
afraid  of  punishment,  came  to  this  post,  where  ever  since  they 
have  spirited  up  the  Indians  against  the  English  All  the  French 
residing  here  are  a  lazy,  indolent  people,  tbnd  of  breeding  mis- 
chief, and  spiriting  up  the  Indians  against  the  English,  and  should 
by  no  means  be  suffered  to  remain  here.  The  country  is  pleas- 
ant, the  soil  rich  and  well  watered.  After  several  conferences 
with  these  Indians,  and  their  delivering  me  up  all  the  English 

prisoners  they  had, 

On  the  6th  of  August  we  set  out  for  Detroit,  down  the  Miames 
river  in  a  canoe.  This  river  heads  about  ten  miles  from  lience. 
The  river  is  not  navigable  till  you  come  to  the  place  where  the 
river  St.  Joseph  joins  it,  and  makes  a  considerably  large  stream, 
nevertheless  we  foand  a  great  deal  of  difficulty  in  getting  our 
canoe  over  shoals,  as  the  waters  at  this  season  were  very  low. 
The  banks  of  the  river  are  high,  and  the  country  overgrown 
with  lofty  timber  of  various  kinds;  the  land  is  level,  and  the 
woods  clear.    About  ninety  miles  from  the  Miames  or  Twigh^ 


APPENDIX.  375 

twee,  we  came  to  where  a  large  river,  that  heads  in  a  large  lick, 
tails  into  the  Miame  river;  this  they  call  the  Forks.  The  Ottawas 
claim  this  country,  and  hunt  here,  where  game  is  very  plenty. 
From  hence  we  proceeded  to  the  Ottawa  village.  This  nation 
formerly  lived  at  Detroit,  but  is  now  settled  here,  on  accout  of 
the  richness  of  the  country,  where  game  is  always  to  be  found 
in  plenty.  Here  we  were  obliged  to  get  out  of  our  canoes,  and 
drag  them  eighteen  miles,  on  account  of  the  rifts  which  inter- 
rupt the  navigation.  At  the  end  of  these  rifts,  we  came  to 
a  village  of  the  Wyondotts,  who  received  us  very  kindly  and 
from  thence  we  proceeded  to  the  mouth  of  this  river,  where  it 
falls  into  lake  Erie.  From  the  Miames  to  the  lake  is  computed 
one  hundred  and  eighty  miles,  and  from  the  entrance  of  the 
river  into  the  lake  to  Detroit,  is  sixty  miles;  that  is,  forty-two 
miles  upon  the  lake,  and  eighteen  miles  up  the  Detroit  river 
to  the  garrison  of  that  name.  The  land  on  the  lake  side  is 
low  and  flat.  We  passed  several  large  rivers  and  bays,  and 
on  the  16th  of  August,  in  the  afternoon,  we  arrived  at  Detroit 
river.  The  country  here  is  much  higher  than  ou  the  lake  side; 
the  river  is  about  nine  hundred  yards  wide,  and  the  current  runs 
very  strong.  There  are  several  fine  and  large  islands  in  this  ri- 
ver, one  of  which  is  nine  miles  long;  its  banks  high,  and  the  soil 
very  good. 

17th.  In  the  morning  we  arrived  at  the  fort,  which  is  a  large 
stockade,  inclosing  about  eighty  houses,  it  stands  close  on  the 
north  side  of  the  river,  on  a  high  bank,  commands  a  very  plea- 
sant prospect  for  nine  miles  above,  and  nine  miles  below  the 
fort;  the  country  is  thick  settled  with  French,  their  plantations 
are  generally  laid  out  about  three  or  four  acres  in  breadth  on  the 
river,  and  eighty  acres  in  depth;  the  soil  is  good,  producing 
plenty  of  grain.  All  the  people  here  are  generally  poor  wretches, 
and  consist  of  three  or  four  hundred  French  families,  a  lazy,  idle 
people,  depending  chiefly  on  the  savages  for  their  subsistence; 
though  the  land,  with  little  labor,  produces  plenty  of  grain,  they 
scarcely  raise  as  much  as  will  supply  their  wants,  in  imitation 
of  the  Indians,  whose  manners  and  customs  they  have  entirely 
adopted,  and  cannot  subsist  without  them.  The  men,  women, 
and  children  speak  the  Indian  tongue  perfectly  well.  In  the 
last  Indian  war  the  most  part  of  the  French  were  concerned  in 
it,  (although  the  whole  settlement  had  taken  the  oath  of  alle- 
giance to  his  Britannic  Majesty)  they  have,  therefore,  great  rea- 
son to  be  thankful  to  the  English  clemency  in  not  bringing  them 
to  deserved  punishment.  Before  the  late  Indian  war  there  resi~ 
ded  three  nations  of  Indians  at  this  place:  the  Putawatimes, 
whose  village  was  on  the  west  side  of  the  river,  about  one  mile 
below  the  fort;  the  Ottawas,  on  the  east  side,  about  three  miles 
above  the  Fort;  and  the  Wyondotts,  whose  village  lays  on  the 
east  side,  about  two  miles  below  the  tort.  The  former  two  na- 
tions have  removed  to  a  considerable  distance,  and  the  latter 
still  remain  where  they  were,  and  are  remarkable  for  their  good 
sense  and  hospitahty.     They  have  a  particular  attachment  to  the 


376 


APPENDIX. 


Roman  Catholic  religion,  the  French,  by  their  priests,  having  ta- 
ken uncommon  pains  to  instruct  them. 

During  my  stay  here,  I  held  frequent  conferences  with  the  dif- 
ferent nations  of  Indians  assembled  at  this  place,  with  whom  I 
settled  matters  to  their  general  satisfaction. 

September  26th.  Set  out  from  Detroit  for  Niagara;  passed  Lake 
Erie  along  the  north  shore  in  a  birch  canoe,  and  arrived  the  8th 
of  October  at  Niagara.  The  navigation  of  the  lake  is  dangerous 
for  batteaux  or  canoes,  by  reason  the  lake  is  very  shallow  for  a 
considerable  distance  from  the  shore.  The  bank,  for  several 
miles,  high  and  steep,  and  affords  a  harbor  for  a  single  batteaux. 
The  lands  in  general,  between  Detroit  -and  Niagara,  are  high,  and 
the  soil  good,  with  several  fine  rivers  faUing  into  the  lake.  The 
distance  from  Detroit  to  Niagara  is  computed  three  hundred  miles. 

A  List  of  the  different  J^atiojis  and  Tribes  of  Indians  in  the  J^orthern 
District  of  JVorth  America,  with  the  number  of  their  fighting  Men, 


Name!  of  the  Triba. 

Nos. 

Their  Pwelline  Gratind. 

Thtir  Hunting  Grounds* 

Mohocks,  a - 

IW 

Mohock  River. 

Betvveen  that  and 
Lake  George. 

Oaeidas,  b 

300 

East  side  of  Onedia  Lake,  &  on 

In    the     country 

the  head  waters  of  the  east 

where  they  live- 

branch  of  Susquehannah. 

Tuscaroras,  b 

200 

Between  the  Oneidas  and  Onan- 

Between  Oneida 

dagoes. 

Lake  &  Lake 
Ontario. 

Onandagoes,  i 

■2m 

Near  the  Onandago  Lake. 

BetweenOnanda- 
go  L.  &  mouth 

»  ■ 

of  Seneca  Riv- 
er,nearOswego 

Cayugas,  b 

200 

On  two  small  Lakes,  called  the 

Where    they  re- 

Cayugas, on  the  north  branch 

side. 

of  Susquehannah. 

Senecas,  b 

1000 

Seneca  Country,  on  the  waters 

Their  chief  hun- 

of Susquehannah,  the  waters 

ting      country 

of  Lake  Ontario,  and  on  the 

thereabouts. 

heads  of  Ohio  River. 

Aughquagas,  c  -  -  -  - 

150 

East  branch  of  Susquehannah 
River,  and  on  Aughquaga. 

Where  they  live. 

Nanticokes,  c  -  -  -  - 

100) 

Utsanango,  Chaghmett,  Oswe- 

Do, 

Mohickoiis,  c    -  -  -  - 

lOOV 

go,  and  on  the  ejist  branch  of 

I'nnnv*;    /•■,   —    —   «••• 

30  \ 

Susquehannah. 
At  Diahogo,  and  other  villages 

Monsays,  c 

OU  J 

150  j 

Do. 

Sapoones,  c - 

30  V 

up  the  north  branch  of  Sus- 

Delawares,  c    -  -  -  - 

150  \ 

(luehannah. 

Delawares, -rf  -  -  -  - 

600 

Between  the  Ohio  &  Lake  Erie, 
on  the  brch's  of  Beaver  Cr'k, 
Muskingum  and  Guychugo. 

Do. 

Shawnesse,  d  -  -  -  - 

300 

OnScioto  k.  brch  of  Muskingum. 

Do. 

Mohickotie,  d  -  -  -  • 

300 

In  Villages  near  Sandusky. 

On  the  head  banks 

Coghnawages,  d  -  -  - 

of  Scioto. 

a  These  are  the  oldest  Tribe  of  the  Confederacy  of  the  Six  Nations. 
b  Connected  with  New  York,  part  of  the  Confederacy  with  New  York, 
c  Connectedwith,  and  depending  on  the  Five  Nations. 
d  Dependent  on  the  Six  nations,  and  connected  with  Pennsylvania. 


APPENDIX. 


377 


Kama  of  Iht  TriUl. 


Ifos. 


'I'wightwecs,  t     -  - 

Wayoughtanies,/  - 

Pyankeshas,  /  -  -  - 
Shockays,/  -  -  — 

Huskhuskeys,  g  -  - 

Illinois,  g  -  -  -  -  - 

VVayondotts,  h   -  - 

Ottawas,  h  -  -  -  - 

I\itawatinies,  h  -  - 
Chipawas  i  ) 

Ottawas,      )    "  "  " 

Chippawas,  j  -  -  - 

Ottawas,  j    -  .  .  - 

Chipawas,*  I:  -  -  - 


Chepawas,  fc 
Mynoiiamies,  k 
Shockeys,  k 
Putawatinies,  k 
Ottawas,  k 


Kicapoos,  I  ~] 

Outtagamies,  I 
Musquatans,  I 
Miscotins,  I 
Outtaniacks,  I 
Musquaykeys,  /  J 
Oswegatches,  h  - 

Connesedagoes,  k 
Coghnev/agoes,  k 
Orondocks,  k  -  - 
Abonakies,  A;  -  - 
Alagonkins,  A;  -  - 
La  Suil,  +     -  -  . 


200 

400) 
260^ 
400 


550 

150 
150 


4000 


100 


300 

100 
150 
100 
10,000 


Their  DuxlUng  Ground. 


Tlieir  ffunliry;  Grounds. 


Miame  River,  near  Fort  Miaine, 

On  the  branches  of  Ouabache, 

near  Fort  Ouitanon. 
Near  the  French  settlements,  in 

the  Illinois  Country, 

Near  Fort  Detroit. 

On  Saganna  Creek,  which  emp- 
ties into  Lake  Huron. 
Near  Rlichilimachinac. 

Near  the  entrance  of  Lake  Su- 
perior, and  not  far  from  Fort 
St.  Mary's. 

Near  Fort  Labay  on  the  Lake 
Michigan. 

Near  Fort  St.  Joseph's. 

On  lake  Michigan  and  between 
it  and  the  Mississippi. 


Settled  at  Swagatchy  inCanada, 
on  the  river  St.  Lawrence. 

Near  Montreal. 

Settled  near  Trois  Rivers. 

South-west  of  Lake  Superior. 


On  the  ground 
where  theylive. 

Between  Outanon 
&  the  Miames. 


About  Lake  Erie. 


Thereabouts. 

On  the  north  side 
of  LakeHuron. 
Thereabouts. 


Thereabouts. 


Thereabouts. 

Where  they  re- 
spectively re- 
side. 


Thereabouts. 


e  Connected  with  Pennsylvania, 
/Connected  with  the  Twightwees. 

g  These  two  Nations  the  English  had  never  any  trade,  or  connection  with. 
h  Connected  formerly  with  the  French. 

i  Connected  with  the  Indians  about  Detroit,  and  dependent  on  the  comman- 
ding officer. 
j  Always  connected  with  the  French. 
k  Connected  with  the  French. 
I  Never  connected  in  any  trade  or  otherwise  with  the  English. 

*  There  are  several  villages  of  Chipawas  settled  along  the  bank  of  Lake  Supe- 
rior, but  as  I  have  no  knowledge  of  that  country,  cannot  ascertain  their  numbers. 

t  These  are  a  nation  of  Indians  settled  south-west  of  Lake  Superior,  called  by 
the  French  La,  Sue,  who,  by  the  best  account  that  I  could  ever  get  from  the 
French  and  Indians,  are  computed  ten  thousand  fighting  men.  They  spread  over 
a  large  tract  of  country,  and  have  forty  odd  villages;  in  which  country  are  se- 
verai  other  tribes  of  Indians,  who  are  tributaries  to  the  La  Sues,  none  of  whom 
except  a  ver^■  few,  have  ever  known  the  use  of  fire-arms :  as  yet  but  two  villages. 
I  suppose  the  French  don't  choose  to  risk  a  trade  araoiig  such  a  powerful  body 
of  people,  at  so  vast  a  distance. 

21* 


378  APPENDIX. 


TREATY  OF  FORT  STANWIX. 

It  is  due  to  the  Hon.  Richard  M.  Johnson,  to  acknowledge 
my  obhgations  to  his  liberal  spirit,  (so  constantly  experienced  by 
his  fellow  citizens,)  in  obtaining  the  following  copy  of  this  inte- 
resting treaty  from  the  library  of  the  Congress  of  the  United 
States.  No  copy  is  believed  to  exist  in  the  archives  of  any  of 
the  States,  from  the  abortive  enquiries  of  the  Washington  admi- 
nistration. It  has  therefore  been  thought  best,  to  publish  the 
treaty  entire;  and  to  prefix  the  preliminary  matter,  as  explana- 
tory of  its  history. 

It  is  the  corner  stone  of  the  political  relations  between  the 
citizens  of  the  United  States  immediately  south  of  the  Ohio  river, 
and  the  Indians.  It  has  been  objected  to  the  cession  made  by 
this  treaty,  that  the  Six  Nations  who  constitute  one  of  the  par- 
ties to  the  treaty,  have,  by  it,  ceded  the  hunting  grounds  of 
tribes  quite  removed  from  themselves.  To  this  objection  of  a 
curious  and  able  enquirer*  into  western  history,  in  all  its  rela- 
tions, two  answers  are  suggested  to  the  mind  of  the  author. 

1.  That  some  of  the  tribes  conterminous  to  the  ceded  territory 
did  appear  at  this  treaty,  which  was  so  numerously  attended  by 
the  Indians,  and  made  no  objection  to  its  cessions.  These  were 
the  Shawanees  and  Delawares;  who  are  called  in  the  treaty, 
"dependent  tribes"  of  the  Six  Nations.  The  circumstance  of 
no  protest  from  these  Indians,  particularly  from  so  distinguished 
a  chief  as  Killbuck,  gives  strong,confirmation  to  the  claim  of 
the  Six  Nations.  2.  iiy  the  uniform  tenor  of  the  colonial  autho- 
rities, l)oth  French  and  English,  the  dominion  and  paramount 
authority  of  the  Six  Nations  is  extended  to  the  Mississippi  and 
the  Illinois.  Such  is  tlie  bearing  of  the  authorities  quoted  in 
the  text. 

Still  the  subject  is  not  without  its  difficulties.  General  Harri- 
.son  well  remarks,  how  diificult,  not  to  say  impracticable,  it  was 
for  the  Six  Nations  to  liave  stretched  their  authority  over  the 
numerous  and  ferocious  tribes  of  the  Miami  confederacy. 
These,  in  recent  times,  covered  the  banks  of  the  northwestern 
streams  with  their  villages;  nor  could  they  have  been  overcome 
by  the  ordinary  military  means  of  hunting  tribes,  and  still  left 
in  their  native  seats.  Had  they  have  been  assailed  succes- 
sively, as  the  Illinois  tribes  were  by  the  Sauks  or  Saukies,  they 
could  have  been  either  extirpated  or  removed.  Neither  con- 
dition was  that  of  the  Miamis;  although  one  of  their  tribes,  the 
Wyandots,  was  driven  by  the  Senecas  of  the  northern  confede- 
racy to  shelter  themselves  in  the  country  of  Lake  Michigan. 

Pastoral,  or  agricultural  resources  are  alone  competent  to 
support  such  wide  spread  dominions,  as  those  assigned  to  the 
Six  Nations,  by  the  colonial  authorities.  Nor  is  it  perfectly  cer- 
tain that  the  colonists  may  not  have  been  deceived  by  the  claims 

«  Dr.  D.  Drake,  in  a  "Discourse  licforc  tlie  Cincinnati  Lyceum,  December  the  S6t)i,  1832, 
being  ilie  forly-fourtli  anniversary  of  tlic  setllemcnt  of  ihe  town." 


APPENDIX.  379 

of  these  tribes.  Yet  Sir  William  Johnson  was  a  veteran  Indian 
diplomatist,  and  Colonel  Croghan,  his  deputy  agent,  who  was 
present  at  the  treaty,  had  descended  the  Ohio  river,  and  had 
pei-sonal  communications  with  the  Miami  and  Illinois  tribes,  as 
early  as  1765,*  three  years  before  the  treaty  in  question.  The 
course  of  the  Ohio  river,  (though  in  a  curious  old  mapf  in  the 
possession  of  General  Harrison,  that  river  is  represented  as  run- 
ning into  Lake  Erie,)  is  with  tolerable  accuracy  delineated  in 
Colden's  History  of  the  Five  Nations.  Were  these  gentlemen 
likely  to  be  imposed  upon]  Is  not  the  silence  of  any  protesting 
tribe,  or  individual,  in  so  numerous,  so  public  and  amicable  an 
assemblage  of  the  natives,  expressive  evidence!  Which,  then, 
is  the  more  probable  hypothesis;  that  of  our  western  philosophical 
critic,  that  both  the  Indians  and  the  white  people  thought  them- 
selves contending  for  their  rights,  while  each  was  ignorant  of  the 
colorable  title  of  the  other?  or,  that  the  cession  of  the  Six  Nations 
was  a  vahd  cession  in  moral,  as  Avell  as  political  law,  and  agree- 
able to  the  most  solemn  and  ancient  usages,  which  had  imme- 
morially  regulated  the  intercourse  between  the  aborigines  and 
the  Europeans,  with  their  descendants]  The  latter  opinion 
strikes  the  author  as  the  least  refined,  and  most  accordant  with 
the  probabilities  of  the  circumstances.  Still  there  are  other 
treaty  rights  acquired  by  the  British  crown,  and  consequently 
transferred  to  the  United  States  as  its  successors,  which  are 
mentioned  in  the  text,  independent  of  the  treaties  which  have 
since  been  dictated,  under  the  iniluence  of  the  American  arms. 
It  must  likewise  be  remarked,  that  at  the  treaty  of  1785,  at  Fort 
M'Intosh,  the  Wyandots,  Delawares,  Chippewas  and  Ottawas 
were  parties;  and  that  at  the  treaty  of  Fort  Harmar,  at  the  mouth 
of  Muskingum,  in  1789,  the  above  tribes,  and  the  Puttawatamies 
or  Pottawatamies,  and  Sacs,  were  parties.^  These  tribes,  all 
bordering  on  Kentucky,  and  some  of  them  allies,  and  others 
members  of  the  Miami  or  western  confederacy,  relinquished 
their  territorial  claims  south  of  the  Ohio  river,  and  east,  succes- 
sively, of  the  Big  Miami,  and  of  the  Little  Kentucky. 

Author. 


TREATY  OF  FORT  STANWIX,  1768. 

From  the  Virginia  Gazelle,  of  December  1st,  1768. 

"New  York,  November  27th,  1768. 
"His  Excellency,  William  Franklin,  Esq.,  Governor  of  New 
Jersey,  the  Hon.  Frederick  Smyth,  Esq.,  Chief  Justice  of  New 
Jersey,  Thomas  Walker,  Esq.,  Commissioner  from  Virginia,  and 
the  Rev.  Mr.  Peters  and  James  Tilghman,  Esq.,  of  the  Council  of 
Pennsylvania,  with  several  other   gentlemen,  returned  here   a 

*  Sac  first  article  in  tliis  Apiicndix. 

1  Published  by  Corrinsrton  Bowles,  St.  Paul's  Cliurchvard.  London 

X  LaDd  Laws  or  tlic  United  States,  p.  148. 


380  APPENDIX. 

few  days  ago  from  Fort  Stanwix,  where  they  have  been  atten- 
ding the  Congress  held  by  Sir  William  Johnson,  Baronet,  with 
the  Six  United  Indians  and  their  tributaries. 

"We  hear  that  about  three  thousand  two  hundred  Indians 
from  the  different  tribes  of  the  Mohawks,  Oneidas,  Onondagoes, 
Senecas,  Cayugas,  Tuscaroras,  Coghnowagos,  Onoghguagos, 
Tutulos,  Shawanese,  Delawares,  Mingoes  of  Ohio,  Nantichokes, 
Conoys,  Chughnuts,  Schoras,  and  Orifcas,  met  Sir  William  at 
Fort  Stanwix,  on  the  very  important  business  recommended  by 
the  King's  ministers;  and  we  have  now  the  pleasure  of  assuring 
our  readers  that  by  his  unAvearied  application,  address,  and 
extraordinary  influence,  (which  never  appeared  more  conspicu- 
ous than  on  this  occasion,)  the  Six  Nations  and  all  their  tributaries 
have  granted  a  vast  extent  of  country  to  his  majesty,  and  to  the 
Proprietaries  of  Pennsylvania,  and  settled  an  advantageous 
boundary  line  between  their  hunting  country  and  this,  and  the 
other  colonies  to  the  southward  as  far  as  the  Cherokee  river,  for 
which  they  received  the  most  valuable  present  in  goods  and 
dollars  that  was  ever  given  at  any  conference  since  the  settle- 
ment of  America.  An  uncommon  sobriety  and  good  humor  pre- 
vailed through  all  the  numerous  Indian  camps  for  above  seven 
weeks,  and  the  sachems  and  warriors  departed  front  the  Congress 
in  a  very  happy  disposition  of  mind,  from  a  firm  persuasion  that  his 
majesty  will  gratify  them  in  their  just  and  reasonable  expecta- 
tions. It  is  therefore  earnestly  to  be  hoped  that  this  grand 
cession  and  boundary  will  be  rightly  improved,  as  they  will 
undoubtedly  secure  the  future  tranquillity  of  these  colonies,  and 
be  productive  of  lasting  commercial  advantages  to  them  and 
Great  Britain." 

Extracts  from  "Plain  Facts:  (pp.  66  to  96;)  being  an  Exami- 
nation into  the  Rights  of  the  Indian  Nations  of  America,  to  their 
respective  Countries;  and  a  Vindication  of  the  Grant,  from  the 
Six  United  Nations  of  Indians,  to  the  Proprietors  of  Indiana, 
against  the  Decision  of  the  Legislature  of  Virginia;  together  with 
Authentic  Documents,  proving  that  the  Territory,  westward  of 
the  Allegany  Mountain,  never  belonged  to  Virginia,  &c.  Thila- 
delphia,  printed  and  sold  by  R.  Aitken,  1781." 

On  the  19th  of  January,  1768,  the  Speaker  of  the  Assembly, 
and  the  Committee  of  Correspondence  of  Pennsylvania  wrote, 
by  order  of  the  House,  to  Richard  Jackson  and  Benjamin  Franklin, 
Esqs.,  Agents  for  the  province,  at  the  Court  of  Great  Britain, 
"That  the  non-establishment  of  a  boundary  negotiated  about 
three  years  ago,  by  his  majesty's  orders  to  Sir  Win.  Johnson, 
between  these  colonies  and  the  Indian  country,  is  the  cause  of 
Indian  jealousy  and  dissatisfaction;  the  delay  of  the  confirmation 
of  the  boundary,  the  natives  have  warmly  complained  of,  and 
although  they  have  received  no  consideration  for  the  lands 
agreed  to  he  ceded  to  the  crown,  on  our  side  of  the  boundary,  yet 
that  its  subjects  are  daily  settling  and  occupying  these  very 
lands." 

On  the  6th  of  May,  1768,  the  Six  Nations  made  a  speech  at 


APPENDIX.  381 

Fort.  Pitt,  to  the  King's  Deputy  Superintendent  of  Indian  Affairs, 
and  said:  "Brother,  it  is  not  without  grief  that  we  see  our 
country  settled  by  you,  without  our  knowledge  or  consent,  and 
and  it  is  a  long  time  since  we  first  complained  to  you  of  this 
grievance."  They  subjoined,  "The  settlers  must  be  removed 
from  our  lands,  as  wc  look  upon  it,  (hey  will  have  lime  enough 
to  settle  them,  when  you  have  purchased  them,  and  the  country 
become  yours." 

On  the  31st  of  May,  1768,  the  General  Assembly  of  Virginia 
being  met,  the  President  of  his  majesty's  Council'  (John  Blair, 
Esq.)  opened  the  sessions  with  the  following  speech: 

"Gentlemen  of  the  Council,  Mr.  Speaker,  and  Gentlemen  of 
the  House  of  Burgesses:  Our  late  worthy  Governor  having 
designed  to  meet  you  here  at  this  time,,  the  reasons  of  that  his 
intention  having  been  reconsidered  by  me  in  council,  and  the 
objects  for  your  consideration  he  had  to  lay  before  you,  having 
been  judged  to  be  of  such  importance  to  the  honor  and  service 
of  his  majesty;  to  the  security,  ease,  and  happiness  of  the  people, 
that  I  was  advised  (as  the  administration  devolved  on  me)  to 
renew  the  proclamation  for  your  meeting. 

"Bt  letters  from  his  excellency  General  Gage,  Commander  in 
Chief  of  his  majesty's  forces,  and  from  Sir  William  Johnson, 
Superintendant  of  Indian  Affairs,  (which  I  shall  cause  to  be  laid 
before  you,)  it  will  appear,  that  a  set  of  men  regardless  of  the 
laws  of  natural  justice,  unmindful  of  the  duties  they  owe  to 
society,  and  in  contempt  of  royal  proclamations,  have  dared  to 
settle  themselves  upon  the  lands  near  Red-stone  Creek  and  Cheat 
River,  which  are  the  property  of  the  Indians;  and  notwithstanding 
the  repeated  warnings  of  the  danger  of  such  lawless  proceedings, 
and  the  strict  and  spirited  injunctions  to  them  to  desist,  and 
quit  their  unjust  possessions;  they  still  remain  unmoved,  and 
seem  to  defy  the  orders  and  even  powers  of  government." 

As  soon  as  Richard  Jackson  and  Benjamin  Franklin,  Esqs. 
received  the  foregoing  instructions  from  the  General  Assembly  of 
Pennsylvania,  (on  preceding  page)  they  waited  on  the  British 
Secretary  of  State,  and  showed  the  necessity  of  immediate  orders 
being  sent  to  the  Superintendent  of  Indian  Affairs,  for  finishing 
the  boundary  line  which  had  been  begun  in  the  year  1764. 

In  the  spring  of  the  year  ]768,  Sir  William  Johnson  received 
the  King's  commands  and  instructions  to  complete  the  purchase 
of  the  lands  from  the  Allegany  Mountain  to  the  River  Ohio,  6,-c., 
and  accordingly  he  gave  the  earliest  notice  thereof  to  the  govern- 
ments of  Virginia,  Pennsylvania,  JVew)  Jersey,  &c.,  and  to  the 
Six  j^i'ations  and  the  Delawares,  and  other  Indians  residing  upon 
the  river  Ohio,  and  appointed  a  Congress  to  bte  held  with  them 
in  the  autumn,  (for  the  purpose  of  carrying  the  king's  orders 
into  execution,)  at  Fort  Stanwix,  in  the  province  of  New  York. 

In  December,  1768,  Arthur  Lee,  Esq.,  late  commissioner  to  the 
Court  of  France,  from  the  United  States  of  North  America, 
presented  a  petition  to  the  king  of  England  in  Council,  praying, 
in  the  following  words,  on  behalf  of  himself  and  forty-nine  other 


382  APPENDIX. 

gentlemen:  "That  your  majesty  would  grant  to  his  petitioners, 
to  be  fifty  in  number,  by  the  name  of  the  Mississippi  Company, 
two  millions  and  five  hundred  thousand  acres  of  land,  in  one  or 
more  surveys,  to  be  located  or  laid  off  between  the  thirty-eighth 
and  forty-second  degrees  of  north  latitude,  the  Allegany  Jlouniain 
to  the  eastward,  and  thence  westward  to  the  dividing  line,  (the  run- 
ning of  which  your  majesty  has  been  lately  pleased  to  order,) 
and  that  your  petitioners  shall  have  hberty  of  holding  these  lands 
twelve  years,  or  any  greater  number  that  your  majesty  shall 
approve  (after  survey  of  them  be  made  and  returned)  clear  of 
all  imposition  money,  quit-rents  or  taxes;  and  that  your  petition- 
ers shall  be  obliged  to  seat  the  said  lands  within  twelve  years, 
with  two  hundred  families  at  least,  if  not  interrupted  by  the 
savages  or  some  foreign  enemy,  and  return  the  survey  thereof  io 
s^ich  office  as  your  viajesty  shall  be  pleased  to  direct,  otherwise  to 
forfeit  the  grant. 

"Your  petitioners  humbly  hope,  that  your  majesty  may  be 
graciously  pleased  to  grant  these  fovorable  terms,  in  considera- 
tion of  the  heavy  charges,  great  expense,  dangers,  hardships, 
and  risks  they  must  necessarily  incur  in  the  exploring,  surveying, 
and  settling  this  distant  country;  and  because  it  appears  from 
reason  and  experience,  that  large  tracts  of  land  taken  up  by 
companies,  may  be  retailed  by  them  to  individuals  much  cheaper 
than  the  latter  can  obtain  them  from  the  crown,  embarrassed  as  such 
individuals  must  be  with  the  charges  arising  from  the  solicitation 
of  patents,  making  surveys,  and  other  contingent  expenses, 
together  with  the  difficulty  the  poorer  sort  are  under  from  their 
ignorance  of  the  proper  methods  to  be  pursued,  as  well  as  their 
inabihty  to  advance  ready  money  for  such  purposes;  whereas 
from  companies  they  have  only  to  receive  their  conveyances 
without  any  previous  expense,  and  are  indulged  with  credit  till 
their  industry  enables  them  to  make  payments;  a  method  so 
encouraging,  that  it  cannot  fail  of  answering  the  intention  of 
speedily  populating  this  your  majesly^s  territory,  so  as  to  be  profit- 
able to  the  crown,  and  useful  to  the  stale.  And  though  attempts 
to  settle  in  this  way,  have  sometimes  failed  in  the  hands  of 
gentlemen  possessed  of  affluent  fortunes,  in  consequence  of  an 
indolence  and  inattention  frequently  attending  persons  in  such 
circumstances,  especially  when  not  excited  by  the  prospect  of 
immediate  and  considerable  profit;  yet  the  greater  part  of  the 
present  adventurers  being  of  good  families,  and  considerable 
influence  in  the  countries  where  they  live,  though  possessed  of 
but  moderate  estates,  are  induced,  from  the  goodness  of  the  soil, 
and  climate  of  the  country  beyond  the  mountains,  to  believe,  that 
by  a  proper  application  of  their  money  and  industry,  they  shall 
acquire  a  sure  and  happy  provision  for  their  children;  which 
plea.^ing  prospect,  animated  with  a  view  of  public  utility,  will 
conduct  all  their  affairs  with  that  spirited  assiduity,  which,  only 
in  matters  of  danger  and  difficulty,  can  ensure  success.  In 
pursuance  of  this,  several  of  the  members  are  determined  to  be 
thenifielves  among  the  first  settlers;  the  dearness  and  pre-occu- 


APPENDIX.  383 

pancy  of  the  lands,  ^cilhin  their  respective  Colonies,  rendering  it 
impracticable  to  make  a  proper  landed  provision  for  their  numer- 
ous families;  a  circumstance  which  begins  already  to  restrain 
early  marriages,  and  therefore  speedy  population.  In  considera- 
tion of  the  reasons  here  offered,  your  petitioners  most  humbly 
pray  your  majesty  will  be  graciously  pleased  to  grant  their 
humble  request,  and  as  in  duty  bound  your  petitioners  will  ever 
pray. 

The  Hon.  Presley  Thornton.  Henry  Fitzhugh. 

The  Hon.  Benedict  Calvert.  Samuel  Washington. 

Thomas  Ludwell  Lee.  W.  Fitzhugh,  of  Marmion. 

Thomas  Gumming.  William  Erent. 

Fraucia  Lightfoot  Lee.  W.  Fitzhugh,  of  Somerset. 

Capt.  William  Fitzhugh.  Richard  Parker. 

Francis  Tliornton.  William  Booth. 

Stephen  Sayte.  Piev.  Henry  Addison,  A. 

Richard  Henry  Lee.  Robert  Woodrop. 

Col.  George  Washington.  John  Baylor. 

CoL  Adam  Steven.  Bernard"Moore. 

Thomas  Simpson.  Ralph  Wormely. 

William  Flood.  Warner  Lewis,  jun. 

William  Borekenborougb.  Mann  Page. 

Anthony  Stuart.  John  Alexander. 

William  Lee.  Cuthbert  Bullitt.   • 

Arthur  Lee,  M.  D.  F.  R.  S.  Henry  Royer. 

J.  Augustine  Washington.  JohnTurberville. 

December,  1768.  Arthur  Lee,  Agent. 

On  the  back  of  this  petition  is  endorsed  these  words  and  figures: 

16th  December,  1768. 

Read  and  referred  to  a  Committee, 

9th  March,  1769. 

Read  at  the  Committee,  and  referred  to  the 

Board  of  Trade. 

We  shall  make  but  one  short  observation  upon  this  petition. 

It  speaks  for  itself,  and  shows,  that  the  respectable  petitioners 

{mostly  Virginians)  were  not  of  the  number  of  those  gentlemen 

in  Virginia,  who  now,  without  the  least  reason  of  justice,  assert, 

•that  the  ^'distant  country,'^  over  the  Allegany  Mountain,  is  within 

that  government. 

On  the  24th  of  October,  1768,  the  Congress  at  Fort  Stanwix 
was  opened.    Present — 
The  Honorable  Sir  Wm.  Johnson,  Baronet,  his  majesty's  Su- 

perintent  of  Indian  Affairs. 
His  Excellency  Wm.  Franklin,  Esq.,  Governor  of  New  Jersey. 
Thomas  Walker,  Esq.,  Commissioner  for  the  Colony  of  Virginia. 
Hon.  Frederick  Snjith,  Chief  Justice  of  New  Jersey. 
Richard  Peters,  and  James  Tilghman,  Esqs.,  of  the  Council  of 

Pennsylvania. 
George  Croghan,  and  Daniel  Glaus,  Esqs.,  Deputy  Agents  of 
Indian  Affairs. 


384  APPENDIX. 

Guy  Johnson,  Esq.,  Deputy  Agent,  and  acting  as  Secretary; 
with  several  gentlemen  from  the  different  Colonies. 
John  Butler,  Esq.  ^ 

Mr.  Andrew  Montour,  >  Interpreters  for  the  Crown. 
Philip  Philips.  > 

Indian  Chiefs  present. 

Mohawks.  Tawashughts,  &c 

Abraham.  Cajugas. 

Kanadagaya.  Tagaaia. 

Kendnck.  Shanarady. 

Aroghiaecka.  Atrawav/na,  &c. 

Kayenqueregoa.  ^, 

Tobarihoga.  ^        Shawnese. 

AnoharioT&c.  Benevissica. 

Oneidas.  Senecas 

Ganaghquieson.  Gaustrax. 

Nicholasera.  Odengrt,  &c. 

Senughsis.  Tuscaroras. 

Gajuheta.  Saquareesera. 

Tagawaron,  &c.  Kanigot. 

Onandagoes.  Tjagawehe,  &c. 

The  Bunt.  Belawares. 

Tewaruir.  Killbuck. 

Diaquanda.  Turtleheart. 

The   whole   assembly   being  seated,    Mr.   Walker   rose,  and 

delivered  to  Sir  Wra.  Johnson  his   authority  to  sit  and  act  as 
Commissioner  /or  Virginia. 
"John  Blair,  Esq.,  President  of  his  majesty's  Council,  and  Com- 
mander in  Chief  of  the  Colony  and  Domnion  of  Virginia, 

'To  Thomas  Walker,  Esq. 

"By  virtue  of  the  power  and  authority  to  me  committed,  as 
President  of  his  majesty's  Council,  and  Commander  in  Chief  in 
and  vcr  this  colony  and  dominion  of  Virginia,  I  do  hereby 
appoint  you,  the  said  Thomas  Walker,  to  be  Commissioner  of 
Virginia,  to  settle  a  boundary  line  between  this  colony  and  the 
colonics  of  Pennsylvania  and  Maryland,  and  the  several  nations 
of  Indians  concerned.  You  are  required  to  attend  at  a  Congress 
to  be  held  for  that  purpose,  under  the  direction  of  Sir  William 
Johnson,  agreeable  to  his  majesty's  instructions,  when  you  are 
to  pay  a  due  regard  to  the  interest  of  his  majesty,  and  such 
instructions  as  you  shall  receive  from  me. 

"Given  under  my  hand  and  sealof  the  colony 
at  Williamsburg,  this  17th  of  June,  and 
in  the  eighth  year  of  his  majesty's  reign, 
anno  domini,  1768. 

JOHN  BLAIR." 

Messrs.  Peters  and  Tilghman  were  likewise  admitted  as  Com- 
missioners for  Pennsylvania. 


APPENDrx.  385 

Sir  \Vm.  Johnson  then,  by  Abraham,  a  Chief  of  the  Mohawks, 
addressed  the  Indians  in  the  following  manner: 

Brethren — I  take  you  by  the  hand,  and  heartily  bid  you  all 
welcome  to  this  place,  where  I  have  kindled  a  council  fire  for 
affairs  of  importance.  The  Governor  of  New  Jersey,  and  the 
Commissioners  of  Virginia  and  Pennsylvania,  do  likewise  wel- 
come you  here.  Lieutenant  Governor  Penn  came  hither,  and 
waited  a  considerable  time,  but  was  at  length,  by  business, 
obliged  to  return  home,  leaving  these  gentlemen  Commissioners 
on  behalf  of  Pennsylvania. 

Brethren — Hearken  to  me,  who  have  good  words  to  speak  to 
you,  such  as  are  for  the  benefit  of  your  whole  confederacy,  and 
of  your  children  yet  unborn. 

You  all  remember  that  three  years  ago  I  signified  to  you  his 
majesly^s  desire  to  establish  a  boundary  line  between  his  people 
and  yours;  and  that  we  then  agreed  together,  how  some  part  Of 
that  line  should  run,  whenever  the  same  came  to  be  settled. 

You  all,  I  am  hopeful,  recollect  the  reasons  I  then  gave  you 
for  making  such  a  boundary;  nevertheless,  I  shall  again  repeat 
them.  You  know,  brethren,  that  the  encroachments  upon  your 
lands  have  been  always  one  of  your  principal  subjects  of  com- 
plaint; and  that,  so  far  as  it  could  be  done,  endeavors  have  not 
been  wanting  for  your  obtaining  redress.  But  it  was  a  difficult 
task,  and  generally  unsuccessful;  for,  although  the  provinces 
have  bounds  between  each  other,  there  are  no  certain  bounds 
between  them  and  you;  and  thereby,  not  only  several  of  our 
people,  ignorant  in  Indian  affairs,  have  advanced  too  far  into 
your  country,  but  also  many  of  your  own  people,  through  the 
want  of  such  a  line,  have  been  deceived  in  the  sales  they  have 
made,  or  in  the  limits  they  have  set  to  our  respective  claims. 
This  brethren  is  a  sad  case,  which  has  frequently  given  us  much 
trouble,  and  turned  many  of  your  heads;  but  it  is  likely  to  con- 
tinue so,  until  some  bounds  are  agreed  to,  fixed  upon,  and  made 
public  between  us.  The  great,  the  good  king  of  England,  my 
master,  whose  friendship  and  tender  regard  for  your  interests  I 
wish  you  may  ever  hold  in  remembrance,  has,  amongst  other 
instances  of  his  goodness,  after  long  deliberation  on  some  means 
for  your  relief,  and  for  preventing  future  disputes  concerning 
lands,  at  length  resolved  upon  fixing  a  general  boundary  line 
between  his  subjects  and  you,  and  that  in  such  a  manner  as 
shall  be  most  agreeable  to  you:  in  consequence  of  which,  I  have 
received  his  royal  commands  to  call  you  together  for  the 
establishment  thereof;  and  after  conferring  with  the  governments 
interested  hereupon,  you  now  see  before  you  the  Governor  of  the 
Jerseys,  the  Commissioners  on  behalf  of  Aseregoa,  Governor  of 
Virginia,  and  Commissioners  from  Pennsylvania,  in  order  to  give 
you  the  strongest  assurances  on  behalf  of  their  respective  govern- 
ments, of  their  resolutions  to  pay  due  regard  to  what  shall  be 
now  entered  into:  the  presence  of  so  many  great  men  will  give  a 
sanction  to  the  transaction,  and  cause  the  same  to  be  known  as 
far  as  the  English  name  extends.     His  majesty  has  directed  me 

2K 


386  APPENDIX. 

to  give  you  a  handsome  proof  of  his  generosity,  proportioned  to 
the  nature  and  extent  of  what  lands  shall  fall  to  him.  Upon  the 
whole,  1  hope  that  your  deUberations  will  be  unanimous,  and 
your  resolutions  such  as  his  majesty  may  consider  as  proofs  of 
your  gratitude  for  all  his  favors.     A  fine  new  belt. 

Bretiiren — The  importance  of  the  affairs  now  before  us, 
requires  the  most  serious  attention.  I  will  not  burthen  you 
with  any  other  subject  until  this  is  generally  settled;  and  there- 
fore we  shall  adjourn,  that  you  may  have  time  to  think  of  it, 
and  come  fully  prepared  to  give  au  agreeable  answer. 

Then  Abraham,  a  Chief  of  the  Mohawks,  after  repeating  what 
Sir  William  Johnson  had  said,  addressed  him  thus: 

Brother — We  give  you  thanks  for  what  you  have  said  to  us  at 
this  time.  It  is  a  weighty  affair,  and  we  shall,  agreeably  to  your 
desire,  take  it  into  our  most  serious  consideration.  We  are  glad 
that  so  many  great  men  are  assembled  to  bear  witness  of  the  trans- 
action; and  we  are  now  resolved  to  retire  and  consult  on  a 
proper  answer  to  be  given  to  all  you  have  said;  and  so  soon  as 
we  have  agreed  upon  it,  we  shall  give  you  notice,  that  we  may 
again  assemble  and  make  it  kjiown  to  you;  and  we  are  all  much 
obliged  to  you,  that  you  have  directed  us  to  attend  to  this  great 
affair  alone  at  this  time,  that  our  minds  nught  not  be  burdened 
or  diverted  from  it  by  attending  to  any  thing  else. 

FoKT  Stanwix,  October  31,  1768. 
A  deputation  from  the  Six  Nations  waited  upon  Sir  William 
Johnson,  and  informed  him.  tiiat  a  Chief  and  Warrior  of  each 
nation  would  attend  him  and  deliver  their  final  resolves,  which 
should  be  made  public  to-morrow.  A  map  being  laid  before 
them,  they  observed  that  what  they  had  to  say,  were  the  final 
resolves  of  all  the  nations,  and  added  that  they  would,  agreeably 
to  their  just  right,  begin  the  line  at  the  Cherokee  river,  &cc. 
(Vide  the  boundaries  in  their  grant  to  the  King,  p.  390.)  This, 
they  said,  they  delivered  as  their  final  determinations,  subject  to 
several  conditions  for  the  security  of  their  possessions,  and 
engagements  entered  into. 

At  a  general  Congress  held  at  Fort  Stanwix  with  the  Six 
Nations  and  othi>r  Indians,  on  Tuesday,  November  the  1st,  1768. 
Present  as  at  the  former  meeting. 

The  Indians  being  all  seated,  they  desired  to  know  v/hether 
Sir  William  was  prepared  to  hear  them;  and,  on  being  answered 
in  the  affirmative,  the  speaker  stood  up,  and  spoke  as  follows: 

Brother — We  are  hopel'ul  that  you  will  not  take  it  amiss  that 
•we 'have  delayed  till  now  our  public  answer  on  the  subject  you 
recommended  to  us.  This  was  a  great  and  weighty  matter, 
requiring  long  deliberation,  and  should  not  be  undertaken 
liglitly.  We  have  accordingly  considered  it,  and  are  now  come 
to  give  you  our  final  resolutions  thereon,  to  which  we  beg  your 
attention. 

Brother — We  remember  that  on  our  first  meeting  with  you, 
when  you  came  with  your  ship,  we  kindly  received  you,  enter- 


APPENDIX.  387 

•.ainsii  you,  and  entered  into  an  alliance  with  you,  though  we 
were  then  great  and  numerous,  and  your  people  inconsiderable 
and  weak;  and  we  know  that  we  entered  into  a  covenant  chain 
of  bark  with  you,  and  fastened  your  ship  therewith;  but,  being 
apprehensive  the  bark  would  break,  and  your  ship  be  lost,  we 
made  one  of  iron,  and  held  it  fast,  that  it  should  not  slip  from  us; 
but,  perceiving  the  former  chain  was  liable  to  rust,  we  made  a 
silver  chain  to  guard  against  it.  Then,  brother,  you  arose, 
renewed  that  chain,  which  began  to  look  dull,  and  have  for 
many  years  taken  care  of  our  affairs  by  the  command  of  the 
great  King;  and  you,  by  your  labors,  have  polished  that  chain, 
so  that  it  has  looked  bright,  and  is  become  known  to  all  nations; 
for  all  which  we  shall  ever  regard  you;  and  we  are  thankful  to 
you,  in  that  you  have  taken  such  care  of  these  great  affairs,  of 
which  we  are  always  mindful,  and  we  do  now,  on  our  parts, 
renew  and  strengthen  the  covenant  chain,  by  which  we  will 
abide  so  long  as  you  shall  preserve  it  strong  and  bright  on  your 
part.     A  belt. 

Then,  after  repeating  all  that  had  been  said  concerning  the 
line,  the  speaker  proceeded: 

Brother — We  have  long  considered  this  proposal  for  a  boun- 
dary between  us,  and  we  think  it  will  be  of  good   consequence 
if  you,  on  your  parts,  pay  a  due  regard  to  it;  and  we,  in  conse- 
quence thereof,  have  had  sundry  meetings  amongst  ourselves 
and  with  you;  and  from  all  that  you  have  said  to  us  thereon, 
we  have  at  length  come  to  a  Jinal  resolution  concerning  it,  and 
we  hope  that  what  is    now  agreed   upon   shall    be    inviolably 
observed  on  your  parts,  as  we  are  determined  it  shall  be  on  ours; 
and  that  no  further  attempts  will  be  made  on  our  lands,  but  that 
this  line  be  considered  as  Jinal;  and  Ave  do  now  ai^ree  to  the  line 
we  have  marked   upon   your  map,  now  before  you,  on  certain 
conditions,  on  which  we  have  spoken,  and  shall  say  no  more; 
and  we  desire  that  one  article  of  this  our  agreement  be,  that  none 
of  the  provinces  or  their  people  shall  attempt  to  invade  it,  under 
COLOR  OF  ANY  OLD  DEEDS,  or  Other  pretences  whatsoever;  for  in 
many  of  these  things  we  have  been  imposed  on,  and  therefore 
we  disclaim  them  all.     Which  bounds,  now  agreed  to,  we  begin 
on  the  Ohio,  at  the  mouth  of  the  Cherokee  river,  which  is  our  just 
right;  and  from  thence  wc  go  up,  on  the  south  side  of  the  Ohio,  to 
Kitanning,  above  Fort  Pitt;  from  thence  a  direct  line  to  the  nearest 
fork  of  the  west  branch  of  the  Susquehannah;  thence  through  the 
Allegany  7nountains,  along  the  south  side  of  the  said  west  branchy 
till  we  come  opposite  to  the  mouth  if  the  creek  called  Tiadaghton; 
thence  across  the  west  branch,  and   along  the  east  side  of  thai 
creek,  and  along  the  ridge  of  Burnefs  hills,  to  a  creek  called 
Awandae;   thence  down  the  same   to   the   cast   branch  of  Susque- 
hannah, and  ao'oss  the  satnc,  and,  up  the  east  side  of  that  river  to 
Owegy;  from   thence  eastward   to   Delaware  river,   and   up  that 
river   to   opposite   where    Tianaderrah  falls  into   Susquehannah; 
thence  to  Tianaderrah,  and  up  the  west  side  thereof  and  its  west 
branch,  to  the  head  thereof;  thence  by  a  straight  line  to  the  mouth 


388  APPEIVDIX. 

of  Canada  creek,  where  it  empties  itself  into  Wood  creek,  at  the 
end  of  the  long  carrying  place  beyond  Fort  Stanwix.  And  this 
we  declare  to  be  our  final  resolves,  and  we  expect  that  the  con- 
ditions of  this  our  grant  will  be  observed.     A  belt. 

Brother — Now  as  we  have  made  so  large  a  cession  to  the  King, 
of  such  a  valuable  and  extensive  country,  we  do  expect  it,  as 
the  terms  of  our  agreement,  that  strict  regard  be  paid  to  all  our 
reasonable  desires.  We  do  now,  in  tliis  case,  on  behalf  and  in 
the  name  of  all  our  warriors  of  every  nation,  condition,  that  our 
warriors  shall  have  the  liberty  of  hunting  throughout  the  coun- 
try; as  they  have  no  other  means  of  subsistence,  and  as  your 
people  have  not  the  same  occasions  or  inclinations;  that  the 
white  people  be  restricted  from  hunting  on  our  side  of  the  hne, 
to  prevent  contention  between  us.     A  belt. 

Brother — By  this  belt  Ave  address  ourselves  to  the  great  King 
of  England,  through  you,  our  superintendent,  in  the  name  and 
in  behalf  of  all  the  Six  Nations,  Shawnesse,  Delawares,  and  all 
other  our  friends,  allies,  and  dependents;  we  now  tell  the 
King,  that  we  have  given  to  him  a  great  and  valuable  country; 
and  we  know,  that  what  we  shall  now  get  for  it  must  be  far 
short  of  its  value:  we  make  it  a  condition  of  this  our  agreement 
concerning  the  line,  that  his  majesty  will  not  forget  or  neglect 
to  show  us  his  favor,  or  suffer  the  chain  to  contract  rust;  but 
that  he  will  direct  those  who  have  the  management  of  our  affairs 
to  be  punctual  in  renewing  our  ancient  agreements:  That  as 
the  Mohawks  are  now  within  the  line  which  we  give  to  the 
King,  and  that  these  people  are  the  true  old  heads  of  the  whole 
confederacy,  their  several  villages,  and  all  the  land  they  occupy, 
unpatented  about  them,  as  also  the  residences  of  any  other  of 
our  confederacy  affected  by  this  cession,  shall  be  considered  as 
their  sole  property,  and  at  their  disposal,  both  now  and  so  long 
as  the  sun  shines;  and  that  all  grants  or  engagements  they  have 
now  or  lately  entered  into,  shall  be  considered  as  independent 
df  this  boundary;*  so  that  they,  who  have  so  little  left,  may  not 
lose  the  benefit  of  the  sale  of  it;  but  that  the  people,  with  whom 
they  have  agreed,  may  have  the  land.  We  likewise  further 
condition,  on  behalf  of  all  the  Six  Nations,  and  of  all  our  allies, 
friends,  and  nephews,  our  dependents,  that  as  we  have  expe- 
rienced how  difficult  it  is  to  get  justice,  or  to  make  our  com- 
plaint known,  and  that  it  is  not  in  the  power  of  our  superinten- 
dent to  take  care  of  our  affairs  in  different  places  without  the 
King's  help,  that  his  majesty  will  give  him  help  and  strength  to 
do  us  justice,  and  to  manage  our  affairs  in  a  proper  manner. 
We  all  know  the  want  of  this,  and  we  make  it  a  point  of  great 
consequence,  on  which  this  our  present  agreement  is  to  depend, 
and  without  which  affairs  will  go  wrong,  and  our  heads  may  be 
turned. 

Brother — We  likewise  desire,  that  as  we  have  now  given  up 
a  great  deal  of  lands  within  the  bounds  that  Mr.  Penn  claimed  a 

*  This  related  to  lands  on  the  Susquehannab,  ifc 


APPENDIX.  389 

right  of  buying,  that  he  may,  in  consequence  of  the  agreement* 
now  entered  into  between  us,  enjoy  what  we  have  given  within 
those  Umits.     And  as  we  Icnow,  that  Lydius  of  Albany  did,  in 
the  name  of  several  persons,  lay  claim  to  lands  in  Pennsylvania, 
which  we  know  to  be  unjust;  and  that  the  deeds  he  pretends  a 
right  to,  were  invalid,  we  expect  that  no  regard  will  be  paid  to 
them,  or  any  such  claims,  now  or  hereafter;  as  we  have  fairly 
sold  them  to  the  proprietors  of  Pennsylvania,  to  whom  alone  we 
shall  sell  lands  within  that  province;  and  we  shall  now  give 
them  a  deed  for  that  and  other  lands  there.     And  in  order  to 
shew  that  we  love  justice,  we  expect  the  traders,  who  suffered 
by  some  of  our  dependents  in  the  wars  five  years  ago,  may  have 
a  grant  for  the  lands  we  now  give  them  down  Ohio,  as  a  satis- 
faction for  their  losses.     And  as  our  irieud,  Mr.  Croghan,  long 
ago  got  a  deed  for  lands  from  us,  which  may  now  be  taken  into 
Mr.  Penn's  lands;  should  it  so  happen,  we  request  that  it  may 
be  considered,  and   that  he  may  get  as  much  from  the  King 
somewhere  else,  as  he  fairly  bought  it.     And  as  we  have  given 
enough  to  shew  our  love  for  the  King,  and   make  his  people 
easy,  in  the  next  place,  we  expect,  that  no  old  claims,  which  we 
,  disavow,  or  new  encroachments,  may  be  allowed  of.f 
;      Brother — We  have   now   gone  through  this  matter,  and   we 
liave    shewn  ourselves   ready  to   give  the  King  whatever  we 
could  reasonably  spare;  we,  on  our  parts,  express  our  regard  for 
him,  and    we   hope  for  his  favor  in   return.     Our   words   are 
strong,  and  our  resolutions  firm;   and  we  expect  that  our  re- 
quests will   be  complied  with,  inasmuch  as  we  have  so  gene- 
rously complied  with  all  that  has  been  desired,  as  far  as  was 
consistent  with  our  interest.     A  belt. 

At  a  general  congress  held  at  Fort  Stanwix,  with  the  Six 
Nations,  and  other  Indians,  &c.,  on  Friday,  November  4,  1768, 
Sir  William  Johnson,  addressing  himself  to  them,  spoke  as 
tbltows: 

Brothers — I  am  glad  the  boundary  is  at  length  agreed  upon; 
and  as  I  have  great  reason  to  think  it  will  be  duly  observed  by 
the  English,  I  recommend  it  to  you  to  preserve  it  carefully  in 
remembrance;  to  explain  it  fully  to  those  that  are  absent;  and  to 
teach  it  to  your  children,  &c.  I  now  give  you  this  belt,  to 
strengthen,  ratify,  and  confirm  the  boundary,  and  all  transac- 
tions necessary  thereto.     A  belt. 

Brothers — I  consider  your  good  intentions  towards  the  traders 
who  sustained  the  losses,  and  your  desire  to  fulfill  all  your 
engagements,  as  instances  of  your  integrity.  I  wish  that  you 
may,  on  your  parts,  carefully  remember  and  faithfully  observe 

^  Thfi  proprietors  of  Pennsylvania  liousht  of  the  Six  Nations  a  large  tract  of  country  at 
this  conjress,  and  on  receivina  tlieir  deed  of  conveyance  for  tlie  same,  tlie  said  proprie- 
tors paid  the  Six  Nations  10,000  Spanish  milled  dollars ;  being  the  consideration  money 
for  the  said  tract. 

tThc  Six  Nations  here  farther  make  it  a  condition,  tliat  no  olil  claims  shonid  he 
allowed.  This  was  expres-ly  made  to  remove  all  pretensions  on  the  part  of  Vircinia, 
to  the  lands  leestiraril  of  the  Allczaiiv  nioimlains,  under  the  Lancaster  deed;  as  they  re- 
l»eatodly  said  that  tliey  lad  been  clieaied  and  deceived  at  tlie  treaty  lidd  at  Lailcaster.  1644 

'2K* 


390  APPENDIX. 

the  engagements  you  have  now,  as  well  as  formerly,  entered 
into  with  the  Enghsh,  and  that  you  may  every  day  grow  more 
sensible  how  much  it  is  your  interest  to  do  so. 

Sir  William  Johnson,  addressing  himself  to  the  Governor  of 
J^ew  Jersey,  and  the  Commissioners,  said: 

Gentlemen — Agreeable  to  his  majesty's  intentions,  signified 
to  me  by  the  Secretary  of  State,  and  for  the  satisfaction  of  the 
several  nations  here  assembled,  I  take  the  liberty  to  recommend 
it  strongly  to  your  several  provinces,  to  enact  the  most  effectual 
laws  for  the  due  observance  of  the  line,  and  the  preventing  all 
future  intrusions;  as  the  expectation  thereof,  and  the  reliance 
the  Indians  have  on  your  justice,  from  the  assurance  I  have 
given  them  on  that  head,  have  proved  great  inducements  to  the 
settlement  of  the  line  now  established  between  the  colonies  and 
them. 

To  which  the  Governor  and  Commissioners  answered:  Nothing 
should  be  wanting  on  their  parts  to  the  obtaining  such  security 
for  the  boundary  as  was  deemed  necessai-y,  on  their  return  to 
their  respective  colonies. 

GRANT    FROM   THE   SIX    UNITED   NATIONS   TO   THE   KING   OF 

ENGLAND. 

To  all  to  whom  these  presents  shall  come,  or  may  concern: — 
We,  the  sachems  and  chiefs  of  the  Six  Confederate  Nations,, 
and  of  the  Shawnesse,  Delawares,  Mingoes  of  Ohio,  and  other 
dependent  tribes,  on  behalf  of  ourselves,  and  of  the  rest  of  our 
several  nations,  the  chiefs  and  warriors  of  whom  are  now  here 
convened  by  Sir  William  Johnson,  baronet,  his  majesty's  super- 
intendent of  our  affairs,  send  greeting: 

Whereas  his  majesty  was  graciously  pleased  to  propose  to  us, 
in  the  year  one  thousand  seven  hundred  and  sixty-live,  that  a 
boundary  line  should  be  fixed  between  the  English  and  us,  to 
ascertain  and  establish  our  limits,  and  prevent  those  intrusions 
and  encroachments,  of  which  we  had  so  long  and  loudly  com- 
plained; and  to  put  a  stop  to  the  many  fraudulent  advantages 
which  had  been  so  often  taken  of  us;  which  boundary  appear- 
ing to  us  as  a  wise  and  good  measure,  we  did  then  agree  to  a  part 
of  a  line,  and  promised  to  settle  the  whole  finally,  whensoever 
Sir  William  Johnson  should  be  fully  empowered  to  treat  with  us 
for  that  purpose: 

And  whereas  his  said  majesty  has  at  length  given  Sir  William 
Johnson  orders  to  complete  the  said  boundary  line  between  the 
provinces  and  Indians;  in  conformity  to  which  orders,  Sit  William 
Johnson  has  convened  the  cheifs  and  warriors  of  our  respective 
nations,  who  are  the  true  and  absolute  proprietors  of  the  lands  in 
question,  and  wlio  are  here  now  to  a  very  considerable  number: 

And  whereas  many  uneasinesses  and  doubts  have  arisen 
amongst  us,  which  have  given  rise  to  an  apprehension  that  the 
line  may  not  be  strictly  observed  on  the  part  of  the  English,  in 
which  cawe  matters  may  be  worse  than  before;  which  apprehen- 


APPENDIX.  391 

sion,  together  with  the  dependent  state  of  some  of  our  tribes, 
and  other  circumstances;  retarded  the  settlement,  and  became 
the  subject  of  some  debate;  Sir  William  Johnson  has  at  length  so 
far  satisfied  us  upon  it,  as  to  induce  us  to  come  to  an  agreement 
concerning  the  line,  which  is  now  brought  to  a  conclusion,  the 
whole  being  fully  explained  to  us  in  a  large  assembly  of  our 
people,  before  Sir  William  Johnson,  and  in  the  presence  of  his 
excellency  the  Governor  of  New  Jersey,  the  Commissioners 
from  the  provinces  of  Virginia  and  Pennsylvania,  and  sundry 
other  gentlemen;  by  which  line  so  agreed  upon,  a  considerable 
tract  of  country,  along'  several  provinces,  is  by  iis  ceded  to  his 
iaid  majesty,  which  we  are  induced  to,  and  do  hereby  ratify  and 
confirm  to  his  said  majesty,  from  the  expectation  and  confidence 
we  place  in  his  royal  goodness,  that  he  will  graciously  comply 
with  our  humble  requests,  as  the  same  are  expressed  in  the 
speech  of  the  several  nations,  addressed  to  his  majesty,  through 
Sir  William  Johnson,  on  Tuesday,  the  first  day  of  the  present 
month  of  November;  wherein  we  have  declared  our  expecta- 
tions of  the  continuance  of  his  majesty's  favor,  and  our  desire 
that  our  ancient  engagements  be  observed,  and  our  affairs 
attended  to  by  the  officer  who  has  the  management  thereof, 
enabling  him  to  discharge  all  the  matters  properly  for  our  inte- 
rest: That  the  lands  occupied  by  the  Mohocks,  around  their 
villages,  as  well  as  by  any  other  nation  affected  by  this  our 
cession,  may  effectually  remain  to  them,  and  to  their  posterity; 
and.  that  any  engagements  regarding  property,  which  they  may 
now  be  under,  may  be  prosecuted,  and  our  present  grants* 
deemed  valid  on  our  parts,  with  the  several  other  humble 
requests  contained  in  our  said  speech: 

And  whereas,  at  the  settling  of  the  said  line,  it  appeared  that 
the  line  described  by  his  majesty's  order,  was  not  extended  to 
the  northward  of  Owegy,  or  to  the  southward  of  Great  Kanhawa 
river;  we  have  agreed  to  and  continued  the  line  to  the  north- 
ward, on  a  supposition  that  it  was  omitted,  by  reason  of  our  not 
having  come  to  any  determination  concerning  its  course,  at  the 
congress  held  in  one  thousand  seven  hundred  and  sixty-five: 
And  inasmuch  as  the  line  to  the  northward  became  the  most 
necessary  of  any,  for  preventing  encroachments  on  our  very 
towns  and  residences;  and  we  have  given  this  line  more  favora- 
bly to  Pennsylvania,  for  the  reasons  and  considerations  men- 
tioned in  the  treaty:  we  have  likewise  continued  it  south  to  the 
Cherokee  river,  because  the  same  is,  and  we  do  declare  it  to  be 
our  true  bounds  with  the  southern  Indians,  and  that  we  have  an 
undoubted  right  to  the  country  as  far  south  as  that  river,  which 
makes  our  cession  to  his  majesty  nmch  more  advantageous  than 
that  proposed: 

Now,  therefore,  know  ye,  that  we,  the  sachems  and  chiefs 
aforementioned,  native  Indians    and  proprietors  of   the  lands 

♦  The  grants  wliich  the  Six  Nations  then  made,  and  are  here  alluded  to,  were  as 
follows:  one  to  Mr.  Trent;  one  to  Gporee  Croghan,  Esq.;  and  one  to  Messrs.  Penn, 
proprietors  of  the  province  of  Pennsylvania. 


3S2  APPENDIX. 

hereafter  described,  for  and  in  behalf  of  ourselves  and  the  whole 
of  our  confederacy,  for  the  considerations  herein  before  men- 
tioned, and  also  for  and  in  consideration  of  a  valuable  present 
of  the  several  articles  in  use  amongst  Indians,  wWch,  together 
with  a  large  sum  of  money,  amount,  in  the  whole,  to  the  sum 
of  ten  thousand  four  hundred  and  sixty  pounds  seven  shillings 
and  three  pence  sterling,  to  us  now  delivered  and  paid  by  Sir 
William  Johnson,  baronet,  his  majesty's  sole  agent  and  super- 
intendant  of  Indian  affairs  for  the  northern  department  of 
America,  in  the  name  and  behalf  of  our  sovereign  lord  George 
the  Third,  by  the  grace  of  God,  of  Great  Britain,  France  and  Ire- 
land, King,  Defender  of  the  Faith;  the  receipt  whereof  we  do 
hereby  acknowledge;  we,  the  said  Indians,  have,  for  us,  our 
heirs  and  successors,  granted,  bargained,  sold,  released  and  con- 
firmed, and  by  these  presents,  do  grant,  bargain,  sell,  release 
and  confirm,  unto  our  said  sovereign  lord  King  George  the 
Third,  all  that  tract  of  land  situate  in  North  America,  at  the 
back  of  the  British  settlements,  bounded  by  a  line  which  we  have 
now  agreed  upon,  and  do  hereby  establish  as  the  boundary 
between  us  and  the  British  colonies  in  America;  beg-inning  at  the 
month  of  the  Cherokee  or  Hogohege  river,  where  it  empties  into 
the  river  Ohio;  and  running  from  thence  upwards  along  the  south 
side  of  the  said  river  to  Kitanning,  which  is  above  Fort  Pitt;  from 
/hence  by  a  direct  line  to  the  nearest  fork  of  the  west  branch  of 
Susqueha)t>tah;  thence  through  the  Allegany  mountains,  along  the 
south  side  of  the  said  west  branch,  till  it  comes  opposite  to  the 
mouth  of  a  creek  called  Tiadaghton;  thence  across  the  west 
branch,  and  along  the  south  side  of  thai  creek,  and  along  the  north 
side  of  Burnetts  hills,  to  a  creek  called  Awandae;  thence  down  the 
same  to  the  east  branch  of  Susquehannah,  and  across  the  same,  and 
up  the  east  side  of  that  river  to  Owegy;  from  thence  east  to  Dela- 
ware river,  and  up  that  river  to  opposite  to  where  Tianaderha 
falls  into  Susq^tchannah;  thence  to  Tianaderha,  and  up  the  west 
side  thereof,  and  the  west  side  of  its  west  branch  to  the  head  thereof; 
and  thence  by  a  direct  line  to  Canada  creek,  where  it  empties  into 
Wood  creek,  at  the  west  end  of  the  carrying  place  beyond  Fort 
Stanwix,  and  extending  eastward  from  every  part  of  the  said  line, 
as  far  as  the  lands  formerly  purchased,  so  as  to  comprehend  the 
whole  of  the  lands  between  the  said  line  and  the  purchased  lands 
or  settlements,  except  what  is  within  the  province  of  Pennsylvania; 
together  with  all  the  hereditaments  and  appurtenances  to  the 
same,  belonging  or  appertaining,  in  the  fullest  and  most  ample 
manner;  and  all  the  estate,  right,  title,  interest,  property,  pos- 
session, benefit,  claim  and  demand,  either  in  law  or  equity,  of 
each  and  every  of  us,  of,  in,  or  to  the  same,  or  any  part  thereof; 
To  have  and  to  hold  the  whole  lands  and  premises  hereby 
granted,  bargained,  sold,  released,  and  confirmed,  as  aforesaid, 
with  the  hereditaments  and  appurtenances  thereunto  belonging; 
under  the  reservations  iDado  in  the  treaty,  unto  our  said  sove- 
reign lord  King  George  the  Third,  his  heirs  and  successors,  to 
and  for  his  and  their  own  proper  use  and  behoof,  for  ever. 


AFFENCDC.  393 

In  witness  whereof,  we,  the  chiefs  of  the  confederacy,  have 

hereunto  set  our  marks  and  seals,  at  Fort  Stanwix,  the  tifth  day 

of  November,  one  thousand  seven  hundred  and  sixty-eight,  in 

the  ninth  year  of  his  majesty's  reign. 

A  -n-n  A  TT  A  -IT        )    The  mark  of  his  nation. 
ABRAHAM,  or  /  ^^.^^  ^^  ^^^  ^ -,  ^^^  Mohawks. 

Tyahanesera,  ^  ^j^^  g^^^j^ 

HENDRICK,  or  )  Chief  of  [l.  s.]  the  Tuscaroras. 

Saquarisera,     \  The  Stone. 

nrv^T  A  Tjr»TTTT7cn    )  Chief  of  [l.  s.]  the  Oneidas. 
CONAHQUIESO,  (.  rj,^^  ^/^^^^ 

BUNT,  or  }  Chief  of  [l.  s.]  the  Onondagas. 

Chenaugheala,  \         The  Mountain. 

TAr  A  ATA       i  ^*^'^^"  °^  ^-  ^-^  ^^^^  Cayugas. 
iAtrAAlA,      J  rjj^g  pjpg_ 

r~>  A  ^rcr^  M3  a  \-    )  Chief  of  [l.  s.l  the  Senecas. 
GAUSTARAX,  J         ^^^  ^-^^  jj.jl^ 

Signed,  sealed  and  dehvered  in  the  presence  of 
William  Franklin,  Governor  of  New  Jersey; 
Frederick  Smyth,  Chief  Justice  of  New  Jersey; 
Thomas  Walker,  Commissioner  for  Virginia; 
Richard  Peters,  )  ^^  ^^^  ^^^^^.^  ^^  Pennsylvania. 
James  Tilghman,  ^  •' 

At  a  congress  held  at  Fort  Stanwix,  with  the  several  nations 
of  Indians,  Saturday,  November  the  5th,  1768;  present  as  at  the 
last  meeting: 

The  deed  to  his  majesty, — one  to  the  proprietors  of  Pennsylva- 
nia,— and  the  one  to  the  traders,  being  then  laid  on  the  table, 
were  executed  in  the  presence  of  the  Governor  of  New  Jersey,  the 
commissioners  of  Virginia  and  Pennsylvania;  and  the  rest  of  the 
gentlemen  present.*  After  which,  the  chiefs  of  each  nation 
received  the  cash,  which  was  piled  on  the  table  for  that  purpose; 
and  then  proceeded  to  divide  the  goods  amongst  their  people, 
which  occupied  the  remainder  of  the  day. 

At  a  congress  held  at  the  German  Flats,  in  the  province  of  New 
York,  with  the  Six  United  Nations  of  Indians,  in  July,  1770, 
by  Sir  William  Johnson,  baronet,  his  majesty's  sole  agent  and 
superintendent  of  Indian  affairs,  &c.,  &c.,  Sir  William  Johnson 
spoke  to  them  as  follows: 

Brothers — The  King,  my  master,  having  received  all  the 
papers  and  proceedings  relative  to  the  great  treaty  at  Fort  Stan- 
wix, together  with  the  deed  of  cession  Avhich  you  "then  executed 
to  him,"has  laid  them  before  his  council  of  great  men;  and,  after 
considering  the  whole  of  them,  has  signified  to  rrfe,  (which  I 
hope  will  be  deemed  a  farther  instance  of  his  paternal  goodness,) 

*Tlic  deed  to  the  traders  had  heen  excoutcd  tico  days  before;  but  ?ir  Williniii  Johnson 
and  ihe  commissioners  recommended  that  the  chiefs  of  Ihe  Sii  iXaiions,  wlio  liad  signed 
it,  should  carry  it  into  consross,  and  puhlicly  acknowledge  the  exci  ution  of  it,  at  the  same 
time  ihey  executed  the  srant  to  the  Kin^  of  England,  and  the  proprietors  of  Pennsylva- 
nia I  which  was  accordini;ly  done. 

N.  B.  The  grant  to  Mr.  Croghan  was  subscribed  by  Mr.  Walker,  commissioner  for 
Virginia,  and  the  same  persons  in  authority,  who  were  witnesses  to  the  above  deed  lo  the 
King,  and  the  one  to  the  proprietors  of  Indiana. 


394  APPENDIX. 

that  he  did  not  require  the  land  so  far  to  the  southward,  as  the 
Cherokee  river,  if  it  was  of  the  least  inconvenience  to  his  chil 
dren,  whose  interest  he  has  so  much  at  heart.  He  has,  al 
length,  in  compliance  with  your  own  desires,  as  transmitted  by 
me,  and  the  public  grant  that  you  made,  impowered  me  to  ratify 
the  same,  by  letters  I  have  received  from  the  lord  (the  Earl  of 
Hillsborough)  who  is  one  of  his  majesty's  secretaries,  [holding 
his  lordship's  letter  in  his  hand,]  which  I  now  propose  to  do. 
You  all  know  the  deed  of  cession,  of  which  this  [showing  a 
copy]  is  a  true  copy;  you  all  know  that  it  was  executed  in  a 
public  meeting  of  the  greatest  number  of  Indians  that  has  ever 
been  assembled  within  the  time  of  our  remembrance,  and  that 
all  who  had  any  pretensions  were  duly  summoned  to  it. 

To  which  the  Six  Nations  answered: 

Brother  Goragh  AVarraigbjyagey — We  are  now  met  together  in 
full  council,  to  answer  you  concerning  what  you  last  spoke  to  us, 
about  the  King's  having  received  our  deed,  and  the  proceedings  ai 
Fort  Stanwix,  with  his  ratification  of  the  same,  with  which  we  are 
highly  pleased.  When  we  met  you  to  so  great  a  number,  in  so- 
public  a  manner,  at  Fort  Stanwix,  we  should  hardly  have  acted 
as  we  did,  unless  we  had  been  possessed  of  a  full  eight  so  to  do. 
We  now  desire  that  you  may  assure  the  King,  that  it  was  our 
property  we  justly  disposed  of,  and  that  we  had  full  authority  so 
to  do. 


ORDER  OF  VIRGINIA  COUNCIL. 

In  Council,  Williamsburg,  August  23d,  1776.    . 

Mr.  George  Rogers  Clark  having  represented  to  this  Board 

the  defenceless  state  of  the  inhabitants  of  Kentucki;  and  having 

requested,  on  their  behalf,  that  they  should  be  supplied  with  five 

hundred  weight  of  gun-powder; 

Ordered,  therefore,  that  the  said  quantity  of  gun-powder  be 
forthwith  sent  to  Pittsburgh,  and  delivered  to  the  commanding 
officer  at  that  station,  by  him  to  be  safely  kept,  and  delivered  to 
the  said  George  Rogers  Clark,  or  his  order,  for  the  use  of  the  said 
inhabitants  of  Kentucki.  JOHN  PAGE,  Pres't. 

Test,  Arch'd.  Blair,  CI.  Coun. 

INSTRUCTIONS  TO  GENERAL  CI.ARK. 

Lieutenant  Colonel  George  Rogers  Clark: 

You  are  to  proceed,  without  loss  of  time,  to  inlist  seven 
companies  of  hkmi,  officered  in  the  usual  manner,  to  act  as  mili- 
tia, under  your  orders.  They  are  to  proceed  to  Kentucky,  and 
there  to  obey  such  orders  and  directions  as  you  shall  give  them, 
for  three  months  after  their  arrival  at  that  place;  but  to  receive 
pay,  &c.,  in  case  they  remain  on  duty  a  longer  time. 

You  are  empowered  to  raise  these  men  in  any  county  in  the 
Commonwealth;  and  the  county  lieutenants  respectively  are  re- 
quested to  give  you  all  possible  assistance  in  that  business. 

Given  under  my  hand  at  Williamsburg,  January  2d,  1778. 

P.  HENRY. 


APPENDIX.  3i95 

VIRGINIA:  Set.     In  Council,  Williamsburg,  Jan.  2d,  1778. 
Lieutenant  Colonel  George  Rogers  Clark: 

You  are  to  proceed,  with  all  convenient  speed,  to  raise 
seven  companies  of  soldiers  to  consist  of  fifty  men  each,  officered 
in  the  usual  manner,  and  armed  most  properly  for  the  enter- 
prize;  and  with  this  force  attack  the  British  post  at  Kaskasky. 
It  is  conjectured  that  there  are  many  pieces  of  cannon  and 
military  stores,  to  considerable  amount,  at  that  place;  the  taking 
and  preservation  of  ^^-hich  would  be  a  valuable  acquisition  to  the 
State.  If  you  are  so  fortunate,  therefore,  as  to  succeed  in  your 
expedition,  you  will  take  every  possible  measure  to  secure  the 
artillery  and  stores,  and  whatever  may  advantage  the  State. 

For  the  transportation  of  the  troops,  provisions,  &c.,  down  the 
Ohio,  you  are  to  apply  to  the  commanding  officer  at  Fort  Pitt,  for 
boats;  and  during  the  whole  transaction  you  are  to  take  espe- 
cial care  to  keep  the  true  destination  of  your  force  secret:  its 
success  depends  upon  this.  Orders  are  therefore  given  to  Cap- 
tain Smith  to  secure  the  two  men  from  Kaskasky.  Similar  con- 
duct will  be  proper  in  similar  cases. 

It  is  earnestly  desired  that  you  show  humanity  to  such  British 
subjects  and  other  persons  as  fall  in  your  hands.  If  the  white 
inhabitants  at  that  post  and  the  neighborhood,  will  give  undoubt- 
ed evidence  of  their  attachment  to  this  State,  (for  it  is  certain 
they  live  withm  its  limits,)  by  taking  the  test  prescribed  by  law, 
and  by  every  other  way  and  means  in  their  power,  let  them  be 
treated  as  fellow-citizens,  and  their  persons  and  property  duly 
secured.  Assistance  and  protection  against  all  enemies  what- 
ever, shall  be  afforded  them;  and  the  Commonwealth  of  A''irginia 
is  pledged  to  accomplish  it.  Eut  if  these  people  will  not  accede 
to  these  reasonable  demands,  they  must  feel  the  miseries  of  war, 
under  the  direction  of  that  humanity  that  has  hitherto  distin- 
guished Americans,  and  which  it  is  expected  you  will  ever  con- 
sider as  the  rule  of  your  conduct,  and  I'rom  which  you  are  in  no 
instance  to  depart. 

The  corps  you  are  to  command  are  to  receive  the  pay  and 
allowance  of  militia,  and  to  act  under  the  laws  and  regulations 
of  this  State,  now  in  force,  as  militia.  The  inhabitants  at  this 
post  will  be  informed  by  you,  that  in  case  they  accede  to  the 
offers  of  becoming  citizens  of  this  Commonwealth,  a  proper  gar- 
rison will  be  maintained  among  them,  and  every  attention  be- 
stowed to  render  their  conunerce  beneficial;  the  fairest  prospects 
being  opened  to  the  dominions  of  both  France  and  Spain. 

It  is  in  contemplation  to  establish  a  post  near  the  mouth  of 
Ohio.  Cannon  will  be  wanted  to  fortify  it.  Part  of  those  at 
Kaskasky  will  be  easily  brought  thither,  or  otherwise  secured,  as 
circumstances  will  make  necessary. 

You  are  to  apply  to  General  Hand  for  powder  and  lead  neces 
sary  for  this  expedition.     If  he  can't  supply  it,  the  person  who 
has  that  which  Captain  Lynn  brought  from  Orleans  can.     Lead 
was  sent  to  Hampshire  by  my  orders,  and  that  may  be  delivered 
you.     Wishing  you  success,  I  am,  sir, 

Your  h'ble  serv't.        P.  HENRY. 


396  APPENDIX. 

In  the  House  of  Delegates,  \ 
Monday,  the  23d  J^ov.  1778,  ] 
Whereas,  authentic  information  has  been  received,  that 
Lieutenant  Colonel  George  Rogers  Clark,  with  a  body  of  Virginia 
militia,  has  reduced  the  British  posts  in  the  western  part  of  this 
Commonwealth,  on  the  river  Mississippi,  and  its  branches,  where- 
by great  advantage  may  accrue  to  the  common  cause  of  America, 
as  well  as  to  this  Commonwealth  in  particular. 

Resolved,  That  the  thanks  of  this  House  are  justly  due  to  the 
said  Colonel  Clark  and  the  brave  officers  and  men  under  his 
command,  for  their  extraordinary  resolution  and  perseverance, 
in  so  hazardous  an  enterprize,  and  for  the  important  services 
thereby  rendered  their  country. 

Test,  E.  RANDOLPH,  C.  H.  D. 

Williamsburg-,  in  Council,  Sept  4!h,  1779. 
Lieutenant  Colonel  George  Rogers  Clark: 
Sir: 

I  have  the  honor  to  inform  you,  that  by  Captain  Rogers  I 
have  sent  the  sword,  which  was  purchased  by  the  Governor,  to 
be  presented  to  you  by  order  of  the  General  Assembly,  as  a 
proof  of  their  approbation  of  your  great  and  good  conduct,  and 
'gallant  behaviur,  I  heartily  wish  a  better  could  have  been  pro- 
cured, but  it  was  thought  the  best  that  could  be  purchased,  and  was 
bought  of  a  gentleman  who  had  used  it  but  a  little,  and  judged  it 
to  be  elegant  and  costly.  I  sincerely  congratulate  you  on  your 
successes,  and  wish  you  a  continuation  of  tbera,  and  a  happy 
return  to  your  friends  and  country;  and  am,  sir,  with  great 
regard,  your  most  ob't  serv't.  "     JOHN  PAGE,  Lt.  Gov. 

Governor  Benjamin   Harrison's   Letter  to  General  George 

R.  Clark. 

In  Council,  July  2d,  1783. 
Sir: 

The  conclusion  of  the  war,  and  the  distressed  situation 
of  the  State,  with  respect  to  its  finances,  call  on  us  to  adopt  the 
most  prudent  economy.  It  is  for  this  reason  alone  I  have  come 
to  a  determination  to  give  over  all  thoughts  for  the  present  of 
carrying  on  an  offensive  war  against  the  Lidians,  which  you 
will  easily  perceive  will  render  the  services  of  a  general  officer 
in  that  quarter  unnecessary,  and  will  therefore  consider  yourself 
as  out  of  command;  but  before  I  take  leave  of  you,  I  feel 
myself  called  upon  in  the  most  forcible  manner  to  return  you 
my  thanks,  and  those  of  my  Council,  for  the  very  great  and  sin- 
gular services  you  have  rendered  your  country,  in  wresting  so 
great  and  valuable  a  territory  out  of  the  hands  of  the  British 
enemy,  repelling  the  attacks  of  their  savage  allies,  and  carry- 
ing on  successful  war  in  the  heart  of  their  country.  This 
tribute  of  praise  and  thanks  so  justly  due,  I  am  happy  to  com- 
municate to  you  as  the  united  voice  of  the  Executive.  I  am, 
•with  respect,  sir,  yours  ice.  BENJAMIN  HARRISON. 

THE  END. 


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